Massachusetts Slip and Fall Lawyer

When is a property owner responsible for a fall?

Not every fall leads to a claim. In Massachusetts, a property owner or the person in control of a property owes lawful visitors a duty of reasonable care. That means keeping the property reasonably safe and warning about dangers the owner knows about, or should know about, that visitors would not see.

To bring a claim, you generally need to show that:

• A dangerous condition existed, such as a spill, ice, a hole, loose carpet or a broken railing
• The owner knew or should have known about it, because the owner created it, was told about it, or it existed long enough that a reasonable inspection would have found it
• The owner failed to fix it or warn about it within a reasonable time
• The condition caused your fall and your injuries

The central question is often notice: how long the hazard was there, and whether the owner should have found it.

Common causes of slip and fall injuries

• Wet or freshly mopped floors without warning signs
• Spilled food or liquids in grocery stores and restaurants
• Snow and ice on walkways, parking lots and stairs
• Broken, uneven or missing steps
• Missing or loose handrails
• Torn carpets, loose mats and rugs
• Poor lighting in stairwells, hallways and parking areas
• Cracked or uneven sidewalks and parking lots
• Clutter and merchandise left in store aisles
• Construction debris and open trenches

Snow and ice in Massachusetts

Massachusetts winters make snow and ice falls common. In 2010, the Supreme Judicial Court ended the old rule that property owners had no duty to remove natural accumulations of snow and ice. Today, owners owe the same duty of reasonable care for snow and ice as for any other hazard.

That does not make an owner responsible for every icy patch. Courts look at what was reasonable, including how long the storm had ended, what the owner did to clear and treat the surface, and whether the conditions were open and obvious. Records of plowing, shoveling and salting, along with weather data, often matter in these cases.

Massachusetts law can also require written notice within 30 days of a fall caused by snow or ice in some situations, and for injuries caused by a defect in a public way. Because these notice rules can bar a claim if they are missed, talk with a lawyer soon after the fall.

Where slip and fall accidents happen

Stores and restaurants

Grocery stores, retail stores and restaurants must inspect and clean their floors regularly. Store video, inspection logs and cleaning schedules can show whether employees knew about a hazard.

Apartments and rental properties

Landlords must keep common areas, such as stairways, hallways, porches and parking lots, reasonably safe. Massachusetts housing law also sets minimum standards for railings, lighting and stairs in residential buildings. Tenants and their guests can be hurt by conditions the landlord was told about and did not fix.

Workplaces

If you fall while working, workers’ compensation usually applies to your claim against your employer. A separate claim against a third party, such as a property owner or contractor that is not your employer, may also be possible.

Public property

Falls on sidewalks, in public buildings or on other government property follow special rules. Claims against cities, towns and the Commonwealth require written notice within strict deadlines, and damages can be limited by law.

Private homes

A homeowner can be responsible for a guest’s fall caused by a hazard the homeowner knew about. These claims are usually paid by homeowner’s insurance.

What to do after a slip and fall

1. Get medical care. Hip, wrist and ankle fractures and head injuries are common in falls. Some injuries take time to show symptoms.
2. Report the fall. Tell the store manager, landlord or property owner, and ask for a copy of the incident report.
3. Photograph the hazard. Take pictures of the spot where you fell before it is cleaned or repaired, and include your shoes and the lighting.
4. Get witness names. Ask anyone who saw the fall, or the hazard, for their name and phone number.
5. Keep your shoes and clothing. Do not wash or throw them away.
6. Write down what happened. Note the date, time, weather and what you saw, while it is fresh.
7. Do not give a recorded statement to the property owner’s insurer before talking with a lawyer.
8. Ask that video be preserved. Many stores record over their video within days or weeks.

Evidence that helps a slip and fall claim

• Photos and videos of the hazard and the area
• Surveillance video from the property
• The incident report
• Witness statements
• Inspection, cleaning and maintenance logs
• Snow removal contracts and records
• Prior complaints about the same hazard
• Building code and housing code records
• Medical records and bills
• Proof of lost wages

Common injuries from falls

Falls can cause injuries that are far more serious than they first appear:

• Fractures of the hip, wrist, ankle, arm and shoulder, which may require surgery and months of therapy
• Head injuries, including concussions and traumatic brain injuries, especially when the head strikes a hard floor or stair
• Back and neck injuries, including herniated discs and spinal injuries
• Knee injuries, such as torn ligaments and meniscus tears
• Soft tissue injuries, such as sprains and strains

Follow-up care, physical therapy and time out of work can add up quickly. Keeping a record of every appointment and every missed day of work helps show the full impact of the injury.

Comparative negligence

Property owners and their insurers often argue that the injured person was not watching where they were walking, was wearing the wrong shoes, or ignored a warning sign. Massachusetts follows a modified comparative negligence rule. If you are partly at fault, your damages are reduced by your share of fault, and you cannot recover if you are more than 50 percent at fault.

Strong evidence of the hazard, the lighting and how long the condition existed helps answer these arguments.

Compensation in slip and fall cases

A slip and fall claim may include:

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering and emotional distress
• Loss of enjoyment of life
• Scarring and permanent injury
• Costs of help at home during recovery

Falls can be especially serious for older adults, where a hip fracture can lead to surgery, rehabilitation and a long loss of independence.

Deadlines

In most Massachusetts slip and fall cases, a lawsuit must be filed within three years of the fall. Shorter written notice requirements can apply to falls caused by snow or ice and to falls on public property, and claims against public employers require a written presentment within two years. Evidence such as video and the hazard itself can disappear quickly, so it is best to act early.

The claim process

1. Free consultation. We review how and where the fall happened, your injuries and any notices you have received.
2. Preserving evidence. The team requests video, incident reports and maintenance records and identifies witnesses.
3. Medical documentation. Your records and bills are gathered as treatment continues.
4. Insurance claim. The claim is presented to the property owner’s insurer.
5. Negotiation. A demand sets out how the fall happened and the full extent of your losses.
6. Lawsuit, if needed. If the insurer will not make a fair offer, a lawsuit may be filed in the appropriate Massachusetts court.

Common mistakes after a fall

• Waiting to see a doctor, which lets insurers argue the injury was not serious or came from something else
• Telling the property owner “I’m fine” before you know the extent of your injury
• Not photographing the hazard before it is cleaned up
• Posting about the fall or your activities on social media
• Giving a recorded statement or signing a release before getting advice
• Missing a written notice deadline for snow, ice or public property claims

How our co-counsel arrangement works

Botelho Law Group handles slip and fall matters through its co-counsel personal injury attorneys. You can ask who will handle your case and how to contact them, so you understand the representation arrangement from the start. There are no attorney’s fees unless money is recovered, and clients do not owe case costs unless there is a recovery. The written fee agreement explains how fees and costs are calculated.

Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho, so you and your family can understand each step in your own language.

Frequently asked questions

Can I sue if I slipped and fell in a store?

Possibly. You generally must show the store knew or should have known about the hazard and did not clean it up or warn you in time.

Is a property owner responsible for falls on ice and snow?

Massachusetts property owners owe a duty of reasonable care for snow and ice. Whether an owner is responsible depends on what was reasonable under the circumstances, such as how long after the storm the fall happened and what steps the owner took.

What if I was partly at fault for my fall?

You can still recover if you were 50 percent or less at fault, but your damages are reduced by your share of fault.

How long do I have to file a slip and fall claim?

Generally three years to file a lawsuit, but some snow, ice and public property claims require written notice within 30 days, and claims against public employers require presentment within two years.

What if I fell at work?

Workers’ compensation usually covers injuries at work. You may also have a claim against a third party, such as a property owner or contractor that is not your employer.

What if I fell on a public sidewalk?

Claims against cities, towns and the Commonwealth have special notice rules and limits. Talk with a lawyer quickly.

What if there was a warning sign?

A warning sign can help the property owner, but it does not always end a claim. The sign must be visible and adequate, and some hazards should be fixed rather than just marked.

How much is my slip and fall case worth?

It depends on your injuries, medical costs, lost income, how the fall happened and the insurance available. There is no standard amount.

Should I go to the doctor if I feel fine after a fall?

Yes. Head injuries and some fractures do not always cause pain right away. A prompt medical visit protects your health and creates a record that connects the injury to the fall.

What if the store says the fall was my fault?

Stores often say this. The answer depends on the evidence, such as video, inspection logs, the condition of the floor and witness statements, not on the store’s first response.

How much does it cost to hire a lawyer?

There are no attorney’s fees unless money is recovered, and no case costs unless there is a recovery. The consultation is free.

Do you handle slip and fall cases anywhere in Massachusetts?

Yes. Botelho Law Group represents clients across Massachusetts.

Can you help in Portuguese or Spanish?

Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.