While many slip and fall accidents result in only minor injuries, such accidents that result in a blow to the head or back may result in serious—or even permanent—damage.
Fortunately, if you ever suffer serious injury because of an unmarked or unremedied hazard on someone else’s property, a capable injury attorney may be able to help you hold the property’s owner or manager accountable by filing a lawsuit against them. To see if you have valid grounds to file suit, contact a Somerville slip and fall lawyer today. En Español.
Slip and fall accidents in Somerville fall within the purview of Massachusetts premises liability law. Under these laws, property owners or occupants must take reasonable care to ensure their property is safe for others to enter.
Legally speaking, reasonable care involves making regular and thorough efforts to keep their property in a safe condition, primarily by inspecting the property for hazards and either removing or cordoning off any that could cause harm to a visitor. In a slip and fall case, the main focus of the court would be determining whether another reasonable person would have taken different actions than the property owner did in order to remedy the hazard that caused the injury in question.
Reasonable care can be subjective and difficult to identify, particularly by an injured person who is frustrated or upset over the accident. A slip and fall lawyer Somerville could advise on whether the courts are likely to decide that the property owner failed to take reasonable care.
Massachusetts operates under the modified comparative negligence rule. Under this law, injured parties may be assigned a percentage of fault if they were partly to blame for their accident. Any compensation they are then awarded would be reduced by that same percentage.
In Somerville, plaintiffs identified to be 50 percent or less at fault could still receive compensation. However, anyone more than 50 percent to blame for their accident forfeits their right to file a lawsuit. In many slip and fall cases, the defendant may argue that the plaintiff was partly or fully responsible for their accident in an attempt to avoid paying compensation—which an experienced Somerville slip and fall lawyer could help counter.
Like most personal injury lawsuits in Massachusetts, Somerville slip and fall cases have a statute of limitations of three years. If a lawsuit is filed after this time, it will likely be thrown out by the courts.
This is just one reason why it is so important for anyone injured in a slip and fall accident to contact a Somerville slip and fall lawyer as soon as possible after seeking appropriate medical care. A skilled attorney could dispute claims that you were at fault for the accident in any way and help you file your claim in a timely fashion, in order to effectively pursue the compensation to which you may be entitled. Call today to schedule a consultation.