Slip and fall cases often hinge on whether someone can prove negligence. To hold a property owner or manager accountable, the injured party must meet specific legal standards. However, proving negligence involves several challenges that complicate the process.
Establishing duty of care
The injured party must show that the property owner owed them a duty of care. This duty exists when someone lawfully enters the property, such as a customer in a store or a tenant in a rental property. If the injured person trespassed or entered an unauthorized area, establishing the owner’s responsibility to maintain safe conditions becomes difficult.
Demonstrating dangerous conditions
The injured party must prove that a hazardous condition caused the fall. This might include wet floors, uneven surfaces, or poor lighting. Showing that an accident happened is not enough; clear evidence of the dangerous condition must exist. Photographs, surveillance footage, or witness statements provide critical support but are not necessarily going to be available.
Proving the owner knew or should have known
The injured party must show that the property owner knew about the dangerous condition or should have discovered it through regular inspections. Proving this becomes challenging without direct evidence, especially when the hazard developed quickly, such as a spill in a grocery store aisle.
Addressing comparative negligence
Property owners in Massachusetts frequently claim that the injured party caused or contributed to the fall. They often argue that distractions, inappropriate footwear, or failure to notice warnings played a role. Massachusetts comparative negligence laws allow injured parties to recover damages only when they bear less than 51% of the fault for the accident. The law reduces compensation based on the injured party’s percentage of responsibility.
Pursuing a slip and fall claim can feel overwhelming, but approaching the case with the right strategies and professional guidance ensures that individuals protect their rights and seek justice effectively.
