Slip and fall or trip and fall injuries are premises liability cases because the injury is the result of an unsafe or defective condition on someone else’s property. When the owner of the property fails to keep his or her property safe and as a result you are injured, you may have a legal case for you pain and suffering, medical bills and lost wages. Fall injuries can be some of the most serious injuries and often require therapy, rehabilitation, and surgery. Sometimes these injuries can cause a temporary or permanent disability. In addition to a negligence claim there may be a breach of warranty claim against a property owner who is negligent and fails to meet the duty of care necessary for safe premises. It is very important that the owners of a property adhere to the proper safety standards and safe practices for floors, stairs, ramps, mats, and other surfaces. When the injuries are the result of someone’s carelessness and violation of safety standards, the victim is left dealing with the physical, emotional, and financial consequences. To win a slip and fall case, the owner of the property must be negligent or in breach of warranty.
Negligence involves a complex set of factors specific to each unique case. Attorney Shute has years of experience representing injury victims for slip and fall or trip and fall injuries.
Years of legal experience make a difference in successfully proving negligence in a slip and fall. Attorney Shute will see your case through to the end while you recover from your injuries.
It is not uncommon for injured people to feel embarrassed or think it was their fault after a fall but that often is not true. Attorney Shute will answer your questions and address your concerns.
Some examples of where premises liability cases occur are another person’s home, an apartment complex, restaurant, supermarket or grocery store, a retail shop, sporting event, or a business. A property owner should adhere to floor, walkway, step, and ramp safety standards, building codes and safe practices to prevent a slip or trip hazard. Proper maintenance practices also are essential to prevent falls. Proving negligence and proving that your injuries were related to the fall is complex and is why it is important to consult Attorney Shute.
The insurance company will investigate how your fall happened and use every possible angle to defend the property owner and lower the monetary value of your injury.
The owner of the place where you fell does not have to prove they didn’t do anything wrong; the victim has the burden of proving the owner was negligent. That is why legal experience matters.
What Should You Do After a Slip and Fall or Trip and Fall?
- Get immediate medical attention if you need it
- Report your injury to the manager
- If an incident report is written by the manager, ask for a copy
- Get photos of the area where you fell
- Get names and addresses of willing witness.
- Call Attorney Shute immediately. 413-592-0999
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It is very important to determine if someone is negligently responsible for your fall related injury and financial burden. It has been reported by the US Bureau of Labor Statistics that 22% of slip and fall incidents resulted in more than 31 days of lost time from work.
The National Floor Safety Institute states that falls are responsible for 8 million hospital emergency room visits which is the leading cause of visits – 21.3%. Slip and falls are 12 percent of all falls or over 1 million visits per year.
Falls are the cause of 87% of fractures in the age group over 65 years old and are the second leading cause of spinal cord injuries and brain injury symptoms.
What is Negligence?
Negligence must be proven in a slip and fall case. The victim has the burden of proving that the owner of the property was negligent. Proving negligence means that you were harmed by the actions or inactions of the owner of the property and that he or she did not act with reasonable care to prevent foreseeable harm to customers or invited guests on the property.
Conditions known to cause falls include:
- Wet floors with no signs marking that the floor is wet
- Poor lighting or improper lighting for the area
- Elevator malfunction
- Escalator malfunction
- Improper or loose mats at entryway
- Malfunctioning equipment
- Poor maintenance with debris or trash on floor
- Broken Ramps and Stairs or Steps
- Stair risers that are not uniform in height
- Uneven Floor Surfaces
- Damaged Floor Surfaces
- Cables or cords along a walking area
- Slippery substance on floor -grease or oil
- Nails sticking up on floorboards
Statute of Limitations
In Massachusetts, there are time limits as to when you can file a case. It is important that you speak with Attorney Shute about the statute of limitations for filing a claim for your specific case.
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Statute of Limitations
In Massachusetts, there are time limits as to when you can file a case. It is important that you speak with Attorney Shute about the statute of limitations for filing a claim for your specific case.