The Law Offices of Bailey & Burke

A Proven Full Service Law Firm Since 1971
888-870-0925

The Law Offices of Bailey & Burke

A Proven Full Service Law Firm Since 1971
888-870-0925

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How is liability determined in a slip-and-fall injury case?

On Behalf of | Jun 12, 2024 | Slip-And-Fall Accidents

Slip-and-fall accidents can happen anywhere, from a grocery store to a public sidewalk. If you get injured in a slip-and-fall incident, you may wonder who is responsible for your medical bills and other damages.

Determining liability in these cases is often complex, but understanding the key factors involved can help you navigate the process.

Understanding the role of negligence

In most slip-and-fall cases, you should consider negligence when determining liability. A property owner or occupier is often liable if they failed to maintain a reasonably safe environment for visitors.

Identifying hazardous conditions

Hazardous conditions that commonly lead to slip-and-fall accidents include:

  • Wet or slippery floors
  • Uneven or damaged walking surfaces
  • Inadequate lighting
  • Debris or obstacles in walkways
  • Lack of handrails or safety features

To establish liability, you must show that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it or warn visitors.

Considering comparative negligence

In some cases, you may be partially responsible for your own accident. Massachusetts follows a modified comparative negligence rule, which means that if you are 51% or more at fault for your injuries, you cannot recover damages. If you are less than 51% at fault, the court reduces your damages by your percentage of fault.

Determining liability in a slip-and-fall case requires careful analysis of the facts and circumstances surrounding the accident. By understanding these factors and how they contribute to liability determination, you can build a strong case and seek the compensation you deserve for your injuries.

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