I always tell new and existing clients that slip and fall cases are tough to win in Massachusetts. Often, an insurance company will deny a slip and fall claim because it feels that the victim caused the accident, and was alone responsible for the loss. In that case you need to file a lawsuit, but even then things don’t get any easier. That is because juries in the Bay State are often skeptical of these claims and don’t like to award compensation to the victim in most cases. These cases are just always difficult.
In order to defeat this problem, it is often important to hire an engineer who, through testing, photography and observation of the accident scene, can determine whose fault the Massachusetts slip and fall accident actually was.
One way that engineers do this is through a coefficient of friction test. This test will gauge the tread of the surface where you fell, and may show that the surface was somehow defective. If it is shown to be defective, you may be able to show negligence on the part of the premises owner.
In sum, for many slip and fall cases, if you are going to win your Massachusetts slip and fall claim with an insurance company, you usually have to retain an expert, such as an engineer, who can opine as to how your Massachusetts slip and fall accident actually occurred, and why the property owner is liable to you.
Be sure to reach out to the Earley Law Group Injury Lawyers if you need a lawyer for a slip and fall.