Liability in Boston Slip and Fall Cases

When proving liability in Boston slip and fall cases, it may be in your best interest to get in touch with a seasoned injury attorney for help with preparing a claim. A dedicated slip and fall lawyer could help you calculate the damages owed to you as well as help you prepare a claim within the statute of limitations. Get in touch with a lawyer to find out how beneficial it is to retain the services of an accomplished legal professional.

Difference Between Liability in Public and Private Property

Whether or not the property is owned by a public entity or a private entity has no bearing on how they determine their liability. Regardless of the status of ownership, the process of determining who is at fault for the incident would be similar if not the same. The only apparent difference between a slip and fall case on public and private property is regarding the amount a person could recover for. Victims may be able to win a larger compensation award from a public entity as opposed to a private entity.

Duty of Care Owed to Residents

For any property owned by the city of Boston, it is the city’s responsibility to make sure that the property is safe. For other properties owned by a private party or individual, the responsibility to maintain a safe environment falls upon the landowner.

In situations where the city failed to keep a property free of hazards, the victim could hold the city liable for damages. For example, if a person slipped and fell due to a faulty sidewalk, the victim may be able to file an injury claim against the city of Boston. It is the responsibility of the city to determine whether or not they accept liability in Boston slip and fall cases, why the incident happened, and if there are any other defects on the property.

However, depending on the specific type of insurance policy, there are caps on how much a person can receive. For a sidewalk slip and fall, a person may only be able to receive a maximum of $5,000 regardless of how much their case is worth.

Filing Slip and Fall Claim Against the Government

When an individual claim is made against the government, there are certain regulations and result that would follow. The statute of limitations may be different from a claim made against a private landowner, and a letter of intent may also be required before an injury claim could be processed. If a victim fails to abide to submit a letter of intent before submitting a claim or fails to file a claim within the statute of limitations, the victim may lose their right to file a claim.

Importance of Providing a Notice or Warning

It is essential for victims to provide a notice to the defendant that they will be filing an injury claim against them. The purpose of a notice is to let the property owner and their insurance company know about the incident in order for it to be documented. In regards to filing a case against a government entity, failing to provide notice could lead to a victim’s case being thrown out regardless of the circumstances of the case.

Importance of Hiring an Attorney

If you have been injured in a slip and fall accident and wish to hold the property owner liable for damages, you may need to retain the services of an experienced attorney. A lawyer could walk you through the steps of filing an injury claim as well as help you gather evidence to prove liability in Boston slip and fall cases. For more information about the benefits of hiring an attorney, or you wish to get started on filing a claim today, schedule a consultation.