Injured In A Slip and Fall Accident?

Let our DC and Boston Injury Attorneys Help

In 2009, a former Breed Middle School student in Massachusetts sued the City of Lynn, MA for $100,000 personal injury damages. The complaint alleged that on January 14, 2002, the plaintiff sustained permanent traumatic injuries to his right ankle, when he slipped and fell on ice and snow in the Breed Middle School yard while walking from the bus to the school entrance. At the time of the lawsuit filing, plaintiff continued to require costly medical attention for his injuries. The plaintiff claimed the City of Lynn was careless by allowing a dangerous condition to exist on the school’s premise.

Every day, people’s unsafe premises cause other people to slip and fall, resulting in traumatic bodily and emotional losses, including injuries to the hip, brain, spinal cord, and sometimes death. The Washington DC or Boston injury lawyers at Pollack & Flanders understand the devastating effects slip and fall accidents can cause.

Premises liability laws require property owners, including homeowners and business owners, to keep property in a reasonably safe condition. Property owners must warn visitors of any hazards when they create a dangerous condition on property, or allow a condition to persist for a long time. Examples of defective conditions:

• Hole or any type of ground opening
• Wet floor
• Object or crack on the ground
• Unevenness on the ground
• Area under repair

An unreasonably long period of time for a property owner to allow a defective or dangerous condition to exist depends on the type of property and the time another landowner in the same position would recognize and repair or remove the hazard. For example, for a grocery store, the reasonableness of time would be shorter than for remote premises where there is little public traffic.

Whether someone can make a claim against a landowner for a slip and fall also depends on the relationship of the injured person to the property owner. For instance, if someone has a slip and fall accident at work and if the person is an employee of the property owner, he is unable to sue his employer if he can collect workers’ compensation benefits.

Often, the property owner will have insurance to offset the risks and costs of slip and fall lawsuits. Insurance companies will claim the injured person was not paying attention, assumed the risks of an accident by entering the unsafe situation, or otherwise contributed to the fall. Some jurisdictions may deny or reduce compensation if the person had a contribution to their accident. The Boston and Washington DC injury lawyers at Pollack & Flanders LLP understand these obstacles, but never let the fear of striking out get in the way.

Each state has a time limit in which someone may file a slip and fall personal injury action. Under some circumstances, such as when an accident occurs on public property, the law may require the injured party to provide a landowner with prompt notice of a slip and fall in order to file a lawsuit. Damages the injured person may recover in a slip and fall include:

• Medical care
• Loss of earnings
• Pain and suffering
• Emotional distress
• Psychological counseling
• Property damage

Often the legal aspects of slip and fall accidents require prepared attorneys who do not surrender to the negatives. If you have suffered injuries due to a slip and fall accident, Contact a Boston or Washington DC injury attorney at Pollack & Flanders for a free, no obligation consultation.