Roxbury’s rich cultural history and the extensive revitalization efforts of recent years have put Roxbury on the map. There’s so much to see and do, but there are also plenty of places in which a slip and fall accident can occur.
- What Is a Slip and Fall Claim?
- How Do Slip, Trip, and Fall Accidents Happen?
- Get a Free Case Evaluation
- What Sort of Injuries Are Caused by Slip, Trip, and Fall Accidents?
- Client Reviews
- Where Do Slip, Trip, and Fall Accidents Happen?
- What To Do If You Have Had a Slip, Trip, and Fall Accident?
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If you have been injured due to slipping, tripping, or falling at a retail space like Ashley Stewart, a restaurant such as the Merengue or Hen House Wings ‘N Waffles, or any other public building or parking lot in Roxbury, you may be eligible for compensation. If you suffered injuries due to a slip and fall accident, speak with an experienced premises liability lawyer to ensure your rights are protected.
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What Is a Slip and Fall Claim?
Slip and fall claims are a type of premises liability case. It is a civil lawsuit filed by an injury victim, in which they seek compensation for medical bills, lost wages, pain, and suffering, and other damages. In order to recover damages, your attorney must be able to prove that the property owner either knew of the hazardous condition that caused your injury, or reasonably should have known, and did not repair the condition or place proper signage to warn lawful visitors of that condition. Slip and fall cases depend on the incident, and a Roxbury lawyer with knowledge of slip and fall cases should be contacted immediately so that you can have help in securing the maximum compensation possible for your injuries.
Property owners, business owners, and government agencies responsible for public buildings and spaces have a responsibility to keep their property safe from hazards that may cause visitors to slip, trip, or fall. When they neglect to do this, they can be held liable for the injuries that are caused. Massachusetts General Law, Chapter 260, Section 2A allows a slip and fall claim to be filed within three years after the date of the injury. This is called the Statute of Limitations. However, if you’re planning to pursue compensation for your slip and fall accident, it is advisable that you contact an attorney as soon as possible so that important evidence such as security footage, photos of the evidence, and witness statements are not lost. Additionally, the more time that passes, the more opportunity the property owner has to repair the hazardous condition, making it harder to prove your case.
How Do Slip, Trip, and Fall Accidents Happen?
Slip and fall accidents are the most common type of premises liability claim. They are often caused by the following:
- Wet or oily floors in commercial properties, including floors that have been freshly mopped
- Spilled foods or liquids
- Broken steps or damaged or missing handrails
- Uneven surfaces
- Potholes in parking lots
- Poor lighting
- Broken, damaged, or icy sidewalks
Trip and fall accidents are usually caused when you strike your foot or your leg on an obstruction and lose your balance. Some of the common causes of trip and fall accidents include:
- Torn or ripped carpet
- Uneven steps
- Raised thresholds
- Poor lighting or obstructed view
- Cluttered walkways
- Uncovered wires or cables
- Desk or file drawers that are left open
- Potholes in parking lots or broken sidewalks
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What Sort of Injuries Are Caused by Slip, Trip, and Fall Accidents?
Slips, trips, or falls can cause a number of different injuries. Often, victims suffer from one or more of the following:
- Broken bones, including fractures to the foot, ankle, hip, wrist, or others. Broken bones often cause symptoms such as intense throbbing pain, difficulty walking or moving the affected limb, bruising, swelling, and tenderness. Broken bones may cause significant time away from work and can result in months of medical treatment and a loss of mobility.
- Back and neck injuries, including fractured vertebra in the neck or back, a slipped disc, or other spinal cord damage. Back and neck injuries create symptoms such as worsening pain with movement, stiffness, tenderness or pain in the upper back or shoulders, and a loss of range of motion.
- Traumatic brain injuries, which are most commonly caused by falls. Brain injuries can be mild, moderate, or severe, and may include symptoms such as loss of consciousness, disorientation, confusion, slurred speech, dilation of one or both pupils, nausea, vomiting, seizures, a worsening headache, numbness or weakness in the fingers and toes, inability to awaken from sleep, and coma.
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Where Do Slip, Trip, and Fall Accidents Happen?
Slip, trip, and fall accidents can happen anywhere where there is a hazardous condition such as the ones listed above. Where your accident took place is an important consideration as your attorney begins working on your case.
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Commercial property
If your accident occurred at a business, store, or other commercial property, your attorney will look to see if any prior complaints have been made regarding accidents at the same location. Additionally, surveillance camera footage may be available and helpful in determining how long the hazardous condition has been present. Winter in Roxbury can create additional opportunities for slips and falls due to snow and ice accumulations. Property owners or those who control the property have the responsibility to remove the snow and ice and keep the property reasonably safe. There are cases where the individual or company who has been contracted to remove ice and snow is liable for slip and fall injuries, if they fail to meet their contracted obligations.
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Government property
Slip and fall claims on public property are more difficult to pursue, as city, state, or federal government agencies are protected by sovereign immunity for liability in many injury lawsuits. However, it is possible in some circumstances to file a civil, seeking compensation for your injuries from a governmental agency or employee. This type of lawsuit has its process, with tight deadlines that must be adhered to. A Roxbury slip and fall lawyer can provide guidance in pursuing this type of claim.
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Private property
Private homeowners also have a responsibility to keep their property reasonably safe for visitors, or to warn them of known dangers. They also have a responsibility to secure property features such as swimming pools to protect others — particularly children — from an attractive nuisance that can cause them harm.
What To Do If You Have Had a Slip, Trip, and Fall Accident?
If you have been injured in a slip and fall accident in Roxbury, there are some things that you should do:
- Seek medical attention promptly
- Use your phone to take pictures of the condition that caused your accident
- Obtain the contact information of anyone who witnessed the accident
- Get the name and contact information of the supervisor at the location of your accident
- Report the accident to the landlord, property manager, or property owner
- Do not speak to the property owner’s insurance company until after you have consulted with a slip and fall lawyer
Schedule a free consultation and case review with Michael Kelly premises liability lawyer so that we can discuss your legal options with you as soon as possible.
