Framingham, Massachusetts Slip and Fall Accident Lawyer – Morton J. Shuman
Accidents happen. Tripping and falling, slipping and falling, everyone is susceptible, especially the elderly. When an accident occurs, it is important to determine if someone might be legally responsible. Property owners, both commercial and residential, are generally responsible for unsafe conditions. In other words, they have an obligation to maintain their property in a reasonable safe condition. Similarly, we all also have an obligation to avoid accidents by carefully watching where we are walking and paying attention to our surroundings. Each case depends on whether or not the property owner acted with sufficient care to avoid an accident, as well as whether the injured person also acted in a careful manner. These are factors that a lawyer can help slip-and-fall victims clarify when assessing the merits of the case.
While we may find the classic banana-peel pratfall performed on stage to be comical, there’s nothing funny about a real-life “slip-and-fall” accident. These mishaps can be more than just minor incidents for those who land on hard surfaces and suffer fractures, sprains, and strains. Once these injuries are medically addressed, a consultation with an attorney may be warranted to explore the legal concept of “premises liability.” This legal theory holds property owners liable for accidents and injuries that occur on that property. The fundamental question surrounding a slip-and-fall accident involves whether the conditions were unreasonably dangerous. It may also have to be determined what duty or responsibility a property owner owes to another on the basis of that person’s status.
In order for plaintiffs to win their negligence cases, they must prove that the defendant’s negligence caused their injuries. In some cases, the attempt to establish this link involves the presentation of “circumstantial” evidence. On the other hand, some negligence cases reveal the defendant’s negligence to be so inextricably linked to the plaintiff’s injuries that it is obvious to all. In such cases, the Latin phrase “res ipsa loquitur” (“the thing speaks for itself”) applies. That is, the court can assume that an accident occurred due to someone other than the plaintiff’s own negligence, the defendant owed the plaintiff a “duty of care,” and the defendant “breached” that duty by acting negligently or carelessly.
Over the past decade, the law in Massachusetts has undergone a number of changes that have helped to eliminate several obstacles to bringing a successful claim.
If you have been injured as the result of slipping or falling on someone else’s property (including a business establishment), you should obtain legal representation prior to filing an insurance claim. Even if you decide not to file a claim, you should at least consult with Mort Shuman and his experienced team to know your legal rights.
