Premises Liability

South Shore Slip and Fall Lawyers

Were You Injured Due to a Fall on Someone Else’s Property? We Can Help.

Slip and fall (or trip and fall) incidents commonly occur as a result of unsafe or dangerous conditions on a public or private property.  Although statistics from the Center for Disease Control show that only one in five slips and fall event results in a serious injury, such incidents remain among the leading causes of emergency room visits in the United States, accounting for up to 8 Million visits per year, or roughly one fifth of all emergency room visits.  Such premises liability incidents are often preventable if reasonable care is provided by the property owner or manager.  However, such incidents remain prevalent in public places, like walkways, grocery and convenience stores, retail stores, shopping malls, dance clubs, health clubs, homes, apartment buildings, government buildings, restaurants, hotels, schools, bus and train stations, and workplaces.

What may be most troubling is the potential severity of such incidents.  A substantial percentage of traumatic brain injuries occur as the result of slip and fall events.  People who fall sometimes sustain complex fractures, or spinal cord complications that can result in pain or even paralysis.  Sometimes the injuries are less severe, but result in cuts, scrapes, contusions, muscle strains, torn ligaments or sprains.  Various injuries from a slip and fall can result in extended time missed from work, convalescence, and a need to physical and occupational therapy to regain independence.  The toll of such injuries on the elderly can be especially high.  Victims of the negligent maintenance and upkeep of properties by others may be legally entitled to financial compensation for their losses.   

Where the incident occurs and whether the negligence of another led to the unsafe conditions that caused the fall are among the determining factors for slip and fall claim liability. If you have been injured in a slip and fall incident, and you believe that someone else may be responsible, then you should consult with a slip and fall attorney as soon as possible.  In a premises liability case, a Plaintiff must demonstrate three things to obtain compensation.  First, they must prove that they had a legal right to be on the property.  Second, they must prove that the owner or manager of the property was negligent with regard to maintenance or the upkeep of the property, resulting in an unsafe condition.  Finally, they must prove that this negligence (and not their own) caused injury.

At McGowan & Associates, we can examine the evidence and determine the difference between an incident arising from your own negligence, versus that of a property owner or manager who knew or should have known of a dangerous condition and failed to address it with proper precautions.  In addition, after a slip and fall incident occurs, a claim is often filed with the property owner or manager’s liability insurance company.  The claims process often results in the company seeking to settle a claims for under its reasonable value.  To obtain an appropriate settlement from the at fault party or its insurer, it is essential to work with an attorney experienced in premises liability cases, to establish liability in order that so you can be compensated for damages such as:

• The physical and emotional pain and suffering that resulted from your injury
• Medical expenses that were incurred as a result of your injury
• Lost wages

Some Important Considerations:

• Was the injured party lawfully on the premises?  i.e.:  social guest, employee, patron?
• Did the property owner or manager create the hazard?
• Did the property owner or manager know about the hazard?
• Did the hazard exist with regularity or for such a length of time that the property owner or manager should have known about it?  
• What level of care did the property owner or manager owe to the person who was injured?

At McGowan & Associates, our experienced attorneys know how to handle a wide range of slip and fall/trip and fall liability cases, including but not limited to:

• Poor design or code violations such as narrow stair treads or broken railings;
• Poor construction techniques or surface irregularities;
• A poor transition between flooring materials or damaged thresholds;
• Protruding nails, rotten decking or stairs, or other maintenance defects;
• Unmarked drop-downs;
• Carpets or mats that are not secured;
• Raised or cracked sidewalk sections, pavers, tiles or flooring;
• loose extension cords, debris in a pathway or other carelessness;
• Improper product placement or supermarket endcaps;
• Floors that are wet or oily, such as in a grocery store or restaurant;
• The failure to remove and treat snow and ice on surfaces;
• Poorly lit areas;