Brockton Slip and Fall Lawyer
When you visit a property, you expect to be treated in a respectable manner. Part of this expectation is to enter a property without fear of slipping and falling due to an unaddressed or unannounced hazard. Unfortunately, not all property owner afford their guests with the respect and level of safety they deserve. When this happens, and an injury occurs as a result of a landowners negligence, victims should feel entitled to the collection of damages.
A Brockton slip and fall lawyer may be able to help you if you have suffered an injury while visiting someone’s property. An experienced attorney could help you prove the cause of your slip and fall and get you the compensation you deserve. To find out more about your eligibility of attaining compensation for damages, schedule a consultation today.
Property Owner Negligence in Slip and Fall Cases
Property owners owe a reasonable degree of care to those who come onto their property. They must keep their property in a safe and well-maintained condition. When they fail to do so, they are breaching this duty.
Although breaching a duty is inherently wrong, it does not give merit to a lawsuit unless someone suffers an injury and subsequent damages because of it. If a shopper slipped on a recently mopped floor at the grocery store that was not cornered off or otherwise noticeable with a sign and broke their leg, they could hold the store owner liable with the help of a Brockton slip and fall lawyer.
Slip and Fall Lawsuits and Plaintiff Fault
Some slip and fall cases involve the liability of not just the defendant, but the plaintiff as well. The trier of fact, which could be the jury or a judge, may presume that the plaintiff was using due care unless, the defendant proves otherwise, according to Massachusetts General Laws 231 §85.
If at the time of their injury, the plaintiff was in violation of a criminal statute, ordinance, or regulation, the defense could use that as evidence of their liability. For example – if the plaintiff was trespassing or committing theft at the time of their accident and injury, it could preclude them from receiving compensation for some or all of their damages.
Modified Comparative Fault
Slip and fall victims are subject to modified comparative fault. When the defense introduces evidence supporting the idea that the plaintiff is partly at fault for an accident, it is the juries job to decide if they are liable and to what degree. Under this system, if a plaintiff’s degree of fault is more than the defendants’ degree of fault, the plaintiff would not recover any damages.
If the plaintiff’s fault is lesser than the defendant’s fault, they could still receive compensation for the proportionate share of the defendant’s fault. Suppose a jury determined that the defendant was 90 percent liable in a $10,000 case, the plaintiff would receive $9,000 in damages. Working with a seasoned slip and fall lawyer in Brockton could help the plaintiff reduce their liability and maximize the compensation they could receive.
Your Brockton Slip and Fall Attorney
You do not have to suffer alone after a slip and fall injury. You have legal options you should be aware of. Your Brockton slip and fall lawyer could craft a legal case showing a jury how the defendant’s negligence directly led to your damages.
Your attorney might even be able to settle your case outside of going to court so that you could get on with your recovery sooner. To learn more about your legal rights after suffering a slip and fall accident on the property of someone else, call a lawyer today.