Slip and fall incidents can be very serious mishaps that can cause severe injuries that can really take a toll on someone’s life. Slip and fall accidents are generally referred to as “premises liability” cases. In the case of PAPADOPOULOS vs. TARGET CORPORATION The Massachusetts Supreme Judicial Court set forth the applicable negligence standard in Massachusetts when it stated, “We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to “act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk”
Property owner was negligent
In order to prevail in a slip and fall cause of action, the injured victim must prove, in certain cases, that the property owner was negligent towards their maintenance standards and protocols. In other words, the owner may not have carried out appropriate tasks of repairing and upkeep within the property as required. The Commonwealth of Massachusetts has enacted laws which require that land and business owners maintain their properties to provide a safe and hazard-free environment for guests, visitors, or anyone else within the premises. It is always a necessity for the owners of real property to ensure that everything is kept in good working order and clean for people who work, or even walk through the premises. In an important blog post OSHA opines on “Healthcare Wide Hazards” and how to prevent “Slips, Trips and Falls” in such facilities.
OSHA’s common sense measures to prevent slip and falls in hospitals, urgent care facilities and medical facilities include: ‘Keep floors clean and dry 29 CFR 1910.22(a)(2). In addition to being a slip hazard, continually wet surfaces promote the growth of mold, fungi, and bacteria, that can cause infections. Provide warning signs for wet floor areas’ OSHA
Restaurants, stores, supermarkets and other businesses
Restaurants, stores, supermarkets and other businesses owe a duty of reasonable care to people using their premises for the purposes of commercial activity. The stores and shops must exercise reasonable care for the orderliness of aisles, floors and passageways. If you or a loved one has become injured due to the negligent maintenance within a building or property, then you need to contact a slip and fall attorney.
Damages specifically include pain and suffering
A victim of a premise liability accident may seek compensation for a vast array of potential damages that may have been incurred as a result of the incident. Such compensation is often referred to as “damages” by lawyers. These damages specifically include pain and suffering, medical expenses, and even lost wages caused by the accident. If an individual happens to be involved in a slip and fall accident, it is important to immediately report the incident to management, security personnel or the owner of the property.
Massachusetts slip and fall lawyers will immediately gather information and evidence that will assist them with their case. The lawyer will ascertain the owner’s name, manager’s name, and anyone else that are in a supervisory position. Also, it would be greatly helpful for one’s negligence case for the victim to write down the names of any witnesses of the accident, as they may be able to vouch for the victim’s claim that the premises was a hazardous environment. An experienced attorney will be able to give the victim confidence that they will be compensated for the accident which was not their fault.