Property owners owe all legal entrants onto their properties a duty of care. When this duty of care is breached, landowners should be held liable for their negligence. Unfortunately, the process of holding a landowner accountable could prove to be troublesome.
If you sustained a slip and fall injury due to a hazard that was not addressed or fixed beforehand, be sure to schedule a consultation with a skilled personal injury attorney. A Dorchester slip and fall lawyer could help you gather evidence to support your injury claim and analyze any potential settlement offers.
Contrary to what most believe, slip and falls could render significant injuries. Depending on the severity of the injury, victims could face weeks, months, or even years trying to heal. Examples of such injuries include:
Upon suffering an injury, victims should seek immediate medical attention to properly document all their injuries. In addition, injured individuals should look to document any evidence that could be presented in a court of law.
According to Massachusetts’ premises liability laws, owners should keep their property free from hazardous conditions and repair any dangerous conditions within a reasonable amount of time after discovering them. Examples of hazardous conditions include the following:
A person injured in a slip and fall accident may bear some responsibility for the incident, according to the state’s comparative negligence law, Chapter 231 Section 85. The property owners might argue that steps were taken to mitigate slip and fall hazards and that the victim failed to heed them. For example, if someone falls and hurts themselves in an area that is cordoned off or has signage warning of possible danger, the percentage at which they are at fault is considered in any award.
If a jury finds the victim was 25 percent responsible for the fall, any damages are reduced by that percentage. In this case, a $100,000 award becomes a $75,000 award. However, if the jury finds that the victim was more than 50 percent responsible for the accident, the person may not be able to collect damages.
Most slip and fall cases do not go to trial and are settled in negotiations between the plaintiff’s attorney and the property owner’s insurance company. Even though there is no judge and jury, comparative negligence would still come into play during settlement negotiations. For more information about comparative negligence, reach out to a slip and fall lawyer in Dorchester.
If you or a loved one were seriously hurt in a slip and fall accident due to the negligence of an irresponsible property owner, you may need to retain the services of an experienced Dorchester slip and fall lawyer. An attorney could help you recover compensation for medical bills, lost wages, and pain and suffering. To get started on building your claim, be sure to schedule a free consultation as soon as possible. An experienced attorney could fight on your behalf to achieve a favorable outcome.