The success of slip and fall cases in Massachusetts hinge on the element of “notice.” Property owners in Massachusetts are required to keep their property in a reasonably safe condition free from defects. These owners must take reasonable measures to insure their property is safe for those lawfully on the property. In order to establish […]
Call Earley Before It’s Too Late!Massachusetts Slip and Fall Cases and the Issue of "Notice"
Category: Slip and Fall Accidents
Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially. They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my […]
Generally in Massachusetts, if you slip and fall at a retail store, the store will refuse to give to you a copy of the incident report. The insurance adjuster assigned to your claim will also refuse to give to you a copy, even if you have an attorney working the case for you. Usually, the only way […]
I receive many calls each year from people injured from slip and fall, and trip and fall accidents on Boston sidewalks. Sometimes, if it can be shown you fell on a privately owned section of the sidewalk, your case may be a decent case. However, if you fell on a publicly owned section of the […]
Yes. If you have been injured in a Massachusetts slip and fall accident, and you have MassHealth coverage, and MassHealth pays for your medical bills, they will have a lien against monies you obtain via settlement. A lien means MassHealth has an enforceable legal interest in money that you recover from the person or company […]
As a Massachusetts slip and fall lawyer, I have learned these cases are hard to win in Massachusetts. These cases can lose at trial for a number of reasons. Usually, these cases are difficult because it is assumed the person that was injured was not being careful enough about watching where he/she was going. In […]
That generally depends on one thing: Notice. If it can be shown that the store had notice of the substance you fell on, then you may have a claim. Notice can be established in one of three ways. One, that the store created the substance you fell on, and failed to correct it in a […]
Through the years I have noticed there are some common questions that most clients ask at the beginning of their case. Here are some answers to these common questions, which hopefully are of assistance to you if you have been injured by the fault of someone else: Do I have a case? This depends on […]
Many of my clients, at the end of their case, often tell me that they were not going to pursue their case initially. They tell me that once they realized the insurance company did not care about them, as their medical bills soared, and their injuries just got worse, is when they decided to contact my […]
Slip and falls that occur on ice or snow in Massachusetts are very difficult to prevail upon. Usually, the person who fell (claimant) needs to demonstrate the existence of an “unnatural” accumulation of ice and snow. Or, put a different way, the claim must demonstrate that the landowner somehow altered the natural condition of the […]