Slip and Fall Accidents
Slip and fall accidents can lead to serious and long-term injuries. In the most serious cases, they can even result in death. If you have been hurt in a slip and fall accident, you may be entitled to compensation for your injuries. Slip and fall accidents are some of the most common kinds of personal injury cases. At the Law Offices of Michael S. Mehrmann, our Plymouth County slip and fall lawyer has the determination and experience to handle your case. From his office in Kingston, he represents victims who are seeking justice and compensation so that they can move forward with their lives.Slip and Fall Accidents Can Cause Serious Injuries
The term “slip and fall” describes an accident in which an individual slips or trips and falls due to a hazardous condition on another party’s property and sustains a preventable injury. Data from the Centers for Disease Control and Prevention (CDC) indicate that one out of five falls causes a serious injury, such as broken bones or brain damage. The CDC also found that unintended falls kill about 20,000 people nationally on an annual basis. In Massachusetts, the risk of a slip and fall can greatly increase due to winter weather, which leads to snow and sleet on roads, sidewalks, entryways, parking lots, and stairs.
People who have been injured in a slip and fall accident on someone else’s property may be able to file a premises liability claim against the at-fault party. Premises liability is the law that governs slip and fall accidents and determines who is at fault. Under Massachusetts law, the duty that a property owner owes a visitor depends on the status of the visitor. A visitor may be classified as an invitee, a licensee, or a trespasser.
Customers and people who enter the land for business purposes are known as invitees. These visitors are owed the highest duty of care. Property owners are required to regularly inspect and correct any hazardous conditions on the property. Licensees refer to guests on the property, such as friends and acquaintances who enter the property for social purposes. These visitors are owed an intermediate duty of care. Trespassers are people who enter the property without the owner’s express or implied permission and are owed the lowest duty of care.
A slip and fall attorney in Plymouth County typically will bring a claim based on the theory of negligence. Negligence applies when an injury is a result of a property owner failing to use reasonable care, or the level of care that a prudent property owner would use in the same situation. In order to establish negligence in a premises liability case, the plaintiff must prove the following points:
- The property owner owed the plaintiff a duty of care;
- The property owner breached the duty of care owed to the plaintiff; and
- The property owner’s breach was a direct cause of the slip and fall accident and the plaintiff’s resulting harm.
In a slip and fall accident case, each party may have some degree of responsibility. The injured person must show that they used reasonable care when walking on the surface, and the property owner needs to show that they took reasonable care to keep the property safe. Massachusetts follows the doctrine of modified comparative negligence, which means that a plaintiff’s own share of fault will be examined, and their damages may be reduced accordingly. For example, if a plaintiff is deemed to be 10 percent at fault, they will receive 90 percent of the total damages award. It is important to note, however, that if a plaintiff is 51 percent or more at fault, they will be barred from recovering any compensation at all from the other party.Contact a Slip and Fall Lawyer in Plymouth County to Assert Your Rights
If you or someone you know has been injured in a slip and fall accident on someone else’s property, you need to reach out to a skilled premises liability attorney who can assess the merits of your case. Michael S. Mehrmann is committed to getting you the compensation to which you are entitled for your harm. With decades of experience, he understands the nuances that can arise in these claims and can apply his knowledge to your case. Plymouth County slip and fall attorney Michael S. Mehrmann proudly represents people in Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury, among other cities. For more information, do not hesitate to call (781) 585-3911 or contact us online to set up an appointment with a personal injury or wrongful death attorney.