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Presented by Attorney Sean Cleary, Personal Injury Lawyer
 Normally, simply walking around is an extremely safe activity, but sometimes circumstances create situations that are actually pretty dangerous. Surfaces can be bumpy or slippery, unexpected obstacles can appear when least expected, and all too often falls that result in injuries can occur when this is the case. Far too many people and companies are negligent when it comes to property maintenance on their premises to avoid the occurence of such hazards. Because of this, and non-avoidable "natural" hazards (like those caused by the weather or other acts of god), each year more than a million people go to the emergency room seeking medical attention as a result of slip, trip, or fall incidents.
Slipping, tripping and falling-down accidents can result in a variety of painful, debilitating, or sometimes even crippling injuries like wrenched backs, spinal disk damage, broken bones (especially in the hands, wrists, arms and elbows), contusions (severe bruising), sprains, torn tendons, and more. With elderly people, falls often result in broken hips or other injuries that severely limit their mobility and independence going forward. Skull trauma, defined as someone banging their head on a hard surface, can be a serious problem, and result in concussion, memory loss, or other brain injury.
Conditions that create accidents which cause the responsible parties to incur liability include many situations where humans, not nature, is ultimately at fault. Surfaces covered with ice and/or water where the presence was created by natural weather conditions and no maintenance requirement is in place (like during a snowstorm, for example), generally do not transfer liability to the property owner or manager. That same ice or water that comes from dripping air conditioner vents or leaky pipes, on the other hand, WOULD constitute a correctable hazard that would create liability if not fixed. Situations that are clearly "unnatural", such as the presence of oil on a walking surface, broken or poorly-maintained stairs, holes in a sidewalk, obstacles, foreign objects or other obstructions on a pathway, poor lighting or inadequate signage. The domain of such accidents can include walkways, sidewalks, entryways, foyers, porches, railings, balconies, fire escapes, and driveways.
Most injuries from falls are fortunately not life-threatening. The vast majority of fatalities from falls occur when someone falls from a height, rather than falling to the ground or floor while walking, standing or even running. A wrongful death lawsuit may be in order if a fall results in a fatality, as the need for care and foresight increases proportionally to the risk posed by the hazardous situation, and places where people can walk that could result in a fatal fall if they are not careful generally require the highest standards of precautions to prevent such accidents.
Of course, if you do slip or trip and fall on someone’s property, the owner (or rental agent) may be liable for your injuries. This can include medical bills (doctor’s charges, hospitalization, and rehabilitation therapy fees), pain and suffering, lost wages, or even punitive damages. The key ingredient in a slip, trip or fall claim is negligence. A certain amount of erosion or entropy, resulting in unevenness, and clutter is natural for all surfaces, including a homeowner’s floors, or a shopkeeper’s sidewalk. The main question is what is a reasonable degree of care in maintaining these surfaces. The question of liability also depends on whether the injured party was being careless or reckless when the accident occurred.
There are several ways in which an owner (or employee) can be responsible for liabilities: (1) if the owner was the cause of a slippery or uneven surface – by spilling a fluid, for example; (2) the owner knew about the dangerous condition but did nothing to correct it; and/or (3) the owner or worker should have done something about a dangerous surface because a “reasonable” person would have done so. Of course, determining what “reasonable” means in each case is always a challenge.
As described above, slip, trip and fall accidents are rarely clear-cut cases. Bear in mind that insurance adjusters can be difficult to deal with, let alone convince that a valid claim is being proposed. Also, immediate notification might be necessary in order to have a valid claim. So if you or a loved one have been hurt or suffered property damage as a result of such an accident it is imperative to quickly enlist the aid of a skilled personal-injury lawyer with experience in such cases. Unfortunately, Massachusetts has some restrictive laws which limit an injured person’s ability to collect damages in some situations. Therefore, if the prospects of claim’s validity seem uncertain, a good lawyer can spare you the headache and heartache of fruitless efforts, or strongly encourage you to pursue your claim, and make sure all the legal issues that could thwart it (regardless of its merits) are properly dispensed with. Your attorney will help file any suits or claims, evaluate the damages, and try to obtain maximum compensation through negotiation with the person involved on the other side, or their insurance company..
At the Law Offices of Sean J. Cleary, we have over 15 years of experience working on personal injury cases resulting from slip, trip and fall accidents in Western Massachusetts. We will provide you with the finest representation in order to secure the justice and compensation you deserve. At our offices you will get the personal touch, as Attorney Cleary handles or supervises every case. Our fee policy is that the client pays nothing unless we succeed in securing compensation. Our contingency rates are modest and customary, and you pay nothing unless we win.
Please feel free to contact me for a free, no obligation consultation regarding your personal injury case.
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or (413) 549-7600.
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