When Roslindale was a new community, residents referred to it as Boston’s garden suburb. That reputation remains today as Roslindale is well-known for being the home to the 265-acre Arnold Arboretum. While colonial homes have been replaced by condos, the history and charm of the area remain. Unfortunately, this doesn’t insulate area residents from sustaining serious injuries in a slip and fall accident. Whether it’s at Arnold Arboretum, a historic landmark like Stoney Brook Reservation or Bussey Farm, or the Roslindale Market, these injuries can cause serious disruption to your life.
- Uneven or Wet Surfaces Account for More Than Half of All Slip and Fall Accidents
- Improper Workplace Training
- Client Reviews
- Weather Conditions
- Personal Injury Statute of Limitations in Massachusetts
- Get a Free Case Evaluation
- The Rule of Comparative Fault in Massachusetts
- Are You Considering a Personal Injury Lawsuit?
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According to the Centers for Disease Control (CDC), slip and fall accidents are especially common among people over age 65. In fact, three million older Americans visit a hospital emergency room each year due to some type of slip and fall accident. The results of these accidents can be as minor as a superficial scratch or bruise or have life-altering consequences such as a traumatic brain injury. Of course, people of any age can become a slip and fall victim at home, work, or while out in the community.
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Uneven or Wet Surfaces Account for More Than Half of All Slip and Fall Accidents
An uneven or wet surface is naturally harder to walk on than a flat and dry surface. These accidents often happen in a public place or on the job due to negligence on the part of employees or the business owner. Whether you’re an employee of the Roslindale RMV Service Center, the local 7-11, or another type of business, you could easily become a victim of this type of accident. The most common types of slip and fall accident caused by a wet or uneven surface include:
- Carpeting that does not fit the surface properly or that contains a tear
- Cluttered floors containing objects that someone should have moved or put away but failed to do so
- Cracked or uneven surfaces on sidewalks
- Loose floorboards
- Loose floor mats
- Missing steps on staircases, lack of handrails, poor construction, or improper maintenance
- Moisture accumulation on a floor, public street, or parking lot
- Potholes in parking lots
- Recently waxed or mopped the floor with no warning sign that it could be extra slippery
These types of accidents can also occur at home or when visiting someone else’s home. It is everyone’s responsibility to remove potential hazards from walking surfaces as well as keep them dry. If you sustained an injury from tripping or falling that you feel occurred due to the other party’s negligence, you may be eligible to file a personal injury lawsuit to collect damages.
Improper Workplace Training
While employees can suffer the consequences of a slip and fall accident in any industry, they happen the most often among those who work in construction. Despite possible sanctions from the Occupational Health and Safety Administration (OSHA), many employers fail to provide adequate training to prevent on-the-job accidents or knowingly require their employees to work in unsafe conditions. Every employee, especially those in a high-risk industry like construction, should receive extensive training on the proper use of tools and equipment. They should also learn how to keep an area clean to prevent themselves or a co-worker from tripping or falling.
While state law does not allow injured employees to sue their employers due to the no-fault workers’ compensation system, some exceptions exist. A personal injury attorney can explain these to you during a consultation.
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Weather Conditions
Slipping and falling due to weather conditions is a leading cause of this type of accident, especially in a climate that receives plenty of snow and ice like Roslindale, Massachusetts. It is the responsibility of the property owner to keep walking surfaces free of snow and ice that could cause a fall in the winter or early spring. Property owners must also manage conditions within their control during the other seasons to prevent a slip and fall accident.
Personal Injury Statute of Limitations in Massachusetts
As a resident of Massachusetts, you have three years from the date of the injury to file a personal injury lawsuit against the responsible party. The law recognizes that not all injuries from a slip and fall accident become apparent right away. For example, you may not experience the dizziness, headaches, difficulty concentrating, and problems with balance common with a concussion for several weeks or even months after your fall. Even so, you should always see a doctor at the Greater Roslindale Medical & Dental Center as soon as possible to avoid claims by the other party that your injuries are not so serious after all.
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The Rule of Comparative Fault in Massachusetts
Each state determines its own guideline regarding whether and how much a personal injury victim can collect in financial compensation from the other party if he or she shares any blame in causing the accident. Massachusetts enforces the doctrine of comparative fault. This means that the jury deciding your case will deduct the percentage of blame it assigns to you from your winning lawsuit. As an example, you would receive 75 percent of the payout the jury determined was proper if it also decided that you are 25 percent to blame for causing your own injuries.
Are You Considering a Personal Injury Lawsuit?
Whether your injuries occurred due to the negligence of a single person or a business or happened in public or private in Roslindale, you have the right to file a personal injury lawsuit. A successful settlement could provide you with compensation for medical expenses, lost work time, pain and suffering, and several other potential categories.
Injured people typically consider suing the responsible party for two reasons. The first is that their lawyer cannot reach an agreement with the insurance agent or legal representation for the other party. This usually happens when the person who caused the accident denies any blame and places it squarely on the one suing him or her instead. It is also possible that you received a settlement offer from the insurance company that is far too low to meet your ongoing needs.
Regardless of your specific situation resulting from a slip and fall accident, personal injury attorney Michael Kelly is prepared to represent you. Please contact us in Roslindale, Massachusetts to request a free legal consultation today.
