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General Law
The Commonwealth of Massachusetts has enacted laws to protect the rights of potential victims who suffer injuries as a result of slip and fall accidents. These laws outline the duties and responsibilities of property owners to avoid risks to pedestrians and others, and also provide the necessary time frames for bringing a slip and fall claim.
Property owners owe a duty of reasonable care to their visitors to maintain their property in such a way that avoids unreasonably dangerous conditions which pose a risk of injury to pedestrians. This means that the property owner must keep the premises free of dangerous conditions, such as hazardous snow or ice or spillage of foreign substances. The property owner must also maintain appropriate lighting, repair uneven walkways and staircases and correct any other situation that is likely to result in serious injury to visitors. If a property owner creates a dangerous condition on his or her property, or allows such a condition to persist for an unreasonable period of time, he or she may be liable for damages to someone who is injured as a result of the dangerous condition.
Personal Injury Reform
Over the years, Massachusetts law has become more stringent with respect to the required duties of landowners. In July 2010, the law regarding liability for injuries caused by Massachusetts slip and fall accidents on snow or ice significantly changed in Massachusetts. Under prior law, a property owner could only be found liable for injuries caused by a slip and fall if the accumulation of snow or ice was "unnatural" or man-made. This was often very difficult to prove. Property owners today, however, now owe a greater legal duty to all visitors on their property. The current standard of care is one of reasonableness in preventing injuries, regardless of whether the danger of injury from snow or ice stems from “natural” or “unnatural” origins. This is a great victory for victims of slips and falls on snow and ice, who now only have to prove that the defendant owner acted unreasonably.
If you or a loved one has suffered injuries due to a slip and fall on snow or ice call our skilled team of Boston slip and fall snow and ice injury lawyers today at 617-787-3700 or email us at info@gilhoylaw.com. Our Boston snow and ice accident lawyers are thoroughly knowledgeable and expert with regard to the changes in the law for Massachusetts and will be honored to assist you with your claim.
Liabilities
The law in Massachusetts is intricate and somewhat complex when it comes to the determination of responsibility in Massachusetts slip and fall cases. Typically, a property owner is liable for injuries caused by slipshod and improper safeguarding of the property. In some cases, a groundskeeper or anyone else who was authorized and had a responsibility to maintain the property may be liable as well.
In the situation where a commercial property is leased to a business tenant, liabilities may transfer to the business tenant. This is because the business renting the property assumes responsibility for its maintenance and proper care. Landlords and tenants may share responsibilities in certain situations on residential properties, as do contractors who are hired to do work on the property. Employers are usually not liable for slip and fall injuries to employees as long as the victim is entitled to receive worker’s compensation benefits.
In some cases, there is limited liability or none at all for injuries arising out of slip and fall accidents. In Massachusetts, if a slip and fall accident occurs as the result of a defect in a public way, then liability is limited to $5,000 regardless of the extent of the injuries. In order to recover, the injured party may also have to prove that he or she was completely without fault. In these instances, the municipality must be notified of the slip and fall accident within thirty days.
Massachusetts also has a strict law restricting liability for recreational uses of property, if no fee is charged for using the property. Most commonly, injured victims are prevented from recovering for slip and fall injuries sustained at parks, other public properties and sometimes even in shopping malls. However, in order for the restriction to apply, the use of the property must be a recreational one.
Statute of Limitations
In Massachusetts, there is a three year statute of limitations to file a lawsuit for a slip and fall accident. This means that you generally have three years from the date of your accident to retain a qualified Boston slip and fall attorney, gather evidence, settle your claim or file your claim for damages in court.
Stricter notice requirements exist if the fall occurred on public property. If your accident occurred on public property that is not a public way, a claim notice must be served on the government within two years from the date of injury in order to preserve your claim. Statutory notice provisions differ from statutes of limitations and are very strictly enforced in the Commonwealth of Massachusetts. Massachusetts law also requires that victims provide a landowner with prompt notice of a slip and fall accident to remain eligible to file a lawsuit.
Because of all of these complexities in the law, notice requirements and the proper steps for filing your claim in court, you should contact one of our highly skilled and experienced Boston slip and trip lawyers immediately to ensure the protection of your legal rights.
The moment when you feel that you, a close relative or another loved one may have a meritorious slip and fall injury claim arising out of slip and fall injuries, you should not hesitate to contact our experienced Massachusetts slip, trip and fall personal injury lawyers. There are time sensitive issues with regard to your Massachusetts slip and fall case that must be dealt with in order for you to recover the highest amount of money damages that are available for you or your loved one. In the event that you do not immediately contact a Boston, MA slip, trip and fall accident lawyer, you may do something that hurts your case, your family or the family of your loved one. Call our expert Boston, MA slip and fall lawyers today at 617-787-3700 or email our Boston slip and fall injury lawyers at info@gilhoylaw.com.
We understand that the law may be confusing to you, and we are here to help! Call our expert Boston slip, trip and fall attorneys and expert Boston wrongful death attorneys today at 617-787-3700 or send us an email at info@gilhoylaw.com. One of our expert Massachusetts premises liability lawyers will be pleased to answer all of your questions regarding Massachusetts slip, trip and fall personal injury law and the merits of your case.
Have You or a Loved One Been Injured In a Slip, Trip and Fall Accident? If So, Please Call One of Our Boston Slip and Fall Lawyer Experts TODAY. Call the Massachusetts Slip, Trip and Fall Accident Attorney Specialists at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates At 617-787-3700 or E-mail Us At info@gilhoylaw.com.
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