People who slip and fall on Boston properties often have to go to the emergency room and end up with broken bones, head injuries, and rising medical bills. Property owners in Massachusetts are legally required to keep their buildings safe for visitors.

Still, many fail to address dangerous conditions such as wet floors, broken stairs, or unclear ice, which can lead to injuries that could have been avoided.

Our experienced Boston slip and fall lawyers hold careless property owners accountable. At The Law Office of Burns Jain, we know how insurance companies try to reduce slip-and-fall claims, such as by claiming you were distracted or that the danger was “open and obvious.”

Our slip and fall attorneys in Boston know exactly what evidence Massachusetts courts need to find someone responsible. We act quickly to preserve security footage, document the scene, and build your case while you focus on getting better.

Injured in a slip, trip, or fall in Boston, Massachusetts? Contact us today for immediate assistance from our skilled legal team.

How Our Slip and Fall Lawyers in Boston Help You

When you slip and fall, you face mounting medical bills, lost wages, and insurance companies that want to minimize your claim. We immediately step in to protect your rights and handle every aspect of your case while you focus on recovery.

Our attorneys investigate the accident scene, gather crucial evidence, and build a compelling case demonstrating the property owner’s negligence.

We communicate with you regularly throughout the process because many of our clients come to us after being ignored by other lawyers. You deserve to know what’s happening with your case at every step. Contact us now for a free consultation to learn how we can assist with your claim.

Do I Have a Slip and Fall Case Under Massachusetts Law?

You have a valid slip and fall case if a property owner’s negligence caused your injury. Massachusetts law requires property owners to maintain their premises in a reasonably safe condition for lawful visitors.

This means they must inspect for hazards, address dangerous situations, or warn visitors about risks that cannot be resolved immediately.

Not every fall gives rise to a legal claim. The law distinguishes between accidents and negligence. If you trip over your own feet or fall due to an obvious hazard that any reasonable person would avoid, you likely don’t have a case.

To win your slip and fall claim, we must prove four elements: the property owner owed you a duty of care, they breached that duty, their breach caused your fall, and you suffered actual damages.

The strength of your case depends on factors such as how long the hazard existed, whether the owner was aware of it, and the steps they took to address it.

Strong Case Indicators	Weak Case Indicators
Spill existed for hours without cleanup	Hazard was created seconds before your fall
No warning signs posted around danger	Large, obvious obstacles in plain view
Regular pattern of similar incidents	You were distracted by your phone
Poor lighting concealed the hazard	You ignored posted warning signs

What Evidence Do I Need to Prove My Slip and Fall Case?

Evidence disappears quickly after a slip-and-fall accident, especially surveillance footage, which many businesses delete within days. The sooner you act, the stronger your case becomes. Boston premises liability lawyers need specific types of evidence to demonstrate the property owner’s liability.

Immediate Scene Documentation

Take wide-angle and close-up photographs of the exact fall location, including hazards like spills, ice, or broken stairs. Document the absence of warning signs or poor lighting. Collect witness contact information and request a copy of the official incident report from employees before leaving the scene.

Preserving Personal Evidence

Keep your unwashed clothing and shoes as evidence of the impact and any transferred substances. Seek medical attention immediately to create an official link between the fall and your injuries, as delayed treatment allows insurers to minimize your claim.

Professional Evidence Gathering

Once hired, we send preservation letters to the property owner, demanding that they retain security footage, maintenance logs, and cleaning schedules. We engage safety experts to identify code violations and obtain weather reports to confirm hazardous conditions, such as ice or snow.

What Causes Slips, Trips, and Falls in Boston?

Slip-and-fall accidents occur when property owners fail to maintain safe conditions for visitors. As premises liability lawyers in Boston, we see injuries caused by both indoor and outdoor hazards that could have been prevented with reasonable care.

Indoor hazards include freshly mopped floors without warning signs, spilled food or drinks in grocery stores and restaurants, and torn carpeting or loose floor mats.

Poor lighting in stairwells and hallways creates dangerous conditions, especially for elderly visitors. Cluttered aisles and merchandise left in walkways violate basic safety standards.

Outdoor slip-and-fall incidents often involve uncleared snow and ice on sidewalks, parking lots, and building entrances. Cracked pavement, potholes, and uneven surfaces create tripping hazards. Inadequate lighting in parking areas makes it challenging to see dangers, particularly during Boston’s long winter nights.

• Grocery Stores: Spilled liquids, dropped produce, and leaking freezer cases create slippery surfaces.
• Restaurants: Grease from kitchens, spilled beverages, and wet entrance mats pose risks to diners.
• Office Buildings: Loose rugs, worn carpeting, and inadequate lighting in common areas can lead to on-the-job injuries without workers’ compensation insurance.
• Retail Stores: Merchandise in aisles, torn floor mats, and unmarked elevation changes.
• Apartment Buildings: Broken stairs, missing handrails, and poor maintenance of common areas frequently cause injuries in residential properties.

What Injuries Are Common in Slip and Fall Cases?

Slip and fall accidents often cause severe injuries because victims have no time to break their fall safely. The sudden, unexpected nature of these accidents means people hit the ground hard, frequently suffering multiple injuries that require extensive medical treatment.

Broken bones are extremely common, particularly wrist fractures, when people instinctively try to catch themselves. Hip fractures are especially serious for older adults and often require surgery and lengthy rehabilitation. Ankle fractures can cause permanent mobility issues if not treated properly.

Head injuries range from minor concussions to traumatic brain injuries that affect cognitive function permanently. Spinal cord injuries can result in partial or complete paralysis, dramatically changing a victim’s life. Back injuries, including herniated discs, cause chronic pain that interferes with work and daily activities.

Who Is Liable and What If I Am Partly at Fault?

Massachusetts follows a modified comparative negligence rule, which means you can still recover damages even if you were partially responsible for your fall. As long as you are less than 51% at fault, you can collect compensation reduced by your percentage of responsibility.

Determining liability requires careful investigation because multiple parties may share responsibility. The property owner has primary responsibility for maintaining safe conditions, but property management companies, tenants, and contractors may also be liable depending on their specific duties.

Snow removal contractors often share liability for winter slip-and-fall incidents if they fail to properly clear walkways or apply ice melt incorrectly. Cleaning companies may be responsible if they created slippery conditions or failed to post warning signs. Retail tenants may be liable for hazards they create in leased premises.

How Do Snow and Ice Laws Affect My Case in Massachusetts?

Massachusetts law changed dramatically in 2010 when the state abandoned the natural accumulation rule that protected property owners from liability for uncleared snow and ice.

The reasonable care standard means owners cannot simply ignore winter weather conditions. They must have snow-removal plans, respond promptly after storms, and apply sand or salt to prevent ice formation. Property owners who fail to take these steps may be held liable for slip-and-fall injuries.

Weather conditions affect the timeline for snow removal obligations. Light snow may require immediate attention, while major blizzards give owners more time to clear walkways safely. However, property owners cannot wait indefinitely, especially in high-traffic areas such as building entrances and parking lots.

What constitutes “reasonable care” depends on factors such as the severity of the storm, the type of property, the level of foot traffic, and available resources. Commercial properties with heavy pedestrian traffic are subject to stricter standards than residential properties with occasional visitors.

What If My Fall Happened on City, State, or MBTA Property?

Government entities enjoy special protections under Massachusetts law, which makes these cases more complex than typical slip-and-fall claims. The Massachusetts Tort Claims Act requires you to provide formal written notice to the appropriate government agency within two years of your injury, not three years like private property cases.

These presentment notices must include specific information about the time, place, and circumstances of your accident. They must describe the defective condition that caused your fall and identify the government entity responsible for maintaining that area. Failure to comply with these requirements can permanently bar your claim.

MBTA slip-and-fall cases present additional complications because the transit authority operates under special rules. Platforms, stairs, and walkways must meet specific safety standards, but proving violations requires knowledge of MBTA regulations and maintenance procedures.

• City of Boston: Sidewalks, parks, municipal buildings, and public stairs.
• State of Massachusetts: State office buildings, highway rest areas, and state parks.
• MBTA: Train platforms, stations, buses, and connecting walkways.
• Housing Authorities: Public housing complexes and subsidized apartment buildings.

How Much Time Do I Have to File in Massachusetts?

The statute of limitations for slip and fall cases in Massachusetts is generally three years from the date of your accident. However, this deadline may be shorter for specific property types and circumstances, making it crucial to consult our Boston slip and fall attorneys immediately after your fall.

Government property claims have a two-year notice requirement that is separate from the three-year filing deadline. Missing either deadline permanently destroys your right to compensation, regardless of how strong your case might be.

Evidence preservation is more urgent than legal deadlines because crucial proof disappears much faster than three years. Security cameras typically overwrite older footage within 30 days, and witness memories fade quickly.

The sooner you contact The Law Office of Burns Jain, the better your chances of building a winning case.

How Do Attorney Fees Work for a Slip and Fall Case?

We handle all Boston slip-and-fall cases on a contingency-fee basis, meaning you pay no attorney fees unless we successfully recover money for you. Our fee is a percentage of whatever compensation we obtain through settlement or trial verdict.

This arrangement allows injured people to hire experienced lawyers without paying upfront fees when they are already struggling with medical bills and lost income. You can focus on your recovery while we handle all aspects of your legal case.

Case expenses like court filing fees, expert witness costs, and medical record fees are typically advanced by our firm and reimbursed from any settlement or verdict. If we don’t win your case, you don’t owe us anything for fees or expenses.

This fee structure aligns our interests with yours because we are only paid when you are paid. This motivates us to work hard and to settle your case for the maximum possible amount.

How We Build and Present Your Slip and Fall Case

Our systematic approach maximizes your compensation through thorough investigation and strategic documentation.

Investigation and Evidence

We identify safety violations by visiting the scene, photographing conditions, and interviewing witnesses. Our team reviews maintenance records and security footage to establish a timeline, often working with experts to identify specific building-code violations.

Medical Documentation

Proving the connection between the fall and your injuries requires detailed medical documentation. We coordinate with doctors to ensure all treatment is recorded and obtain expert opinions if insurers dispute the severity of your injuries.

Impact Presentation

We present the full cost of your injuries using accident reconstructions and economic analyses. To demonstrate the impact on your quality of life, we use compelling evidence, such as day-in-the-life videos, to help insurers understand your daily struggles.

Contact The Law Office of Burns Jain for a Free Consultation

You shouldn’t have to fight insurance companies alone while you’re trying to recover from your injuries. Our office is located at 6 Beacon Street in downtown Boston, and we’re ready to apply our 35+ years of legal experience to work on your case.

We provide same-day callbacks and can meet you at your home or hospital if your injuries make it difficult to visit our office. Our consultations are free, and we’ll provide an honest assessment of your case’s strengths and potential value.

You’ve already suffered enough from your slip and fall accident. Let us handle the legal battle while you focus on getting better. Fill out our online form for your free, no-obligation consultation with an experienced Boston slip and fall attorney.

Slip and Fall FAQs in Massachusetts

Can I Sue if I Fell in a Store but There Were No Wet Floor Signs?

Yes, if a spill or wet condition persisted long enough for store employees to have known about it and posted warnings. Stores have a duty to inspect their premises regularly and warn customers about hazards they discover.

What if I Slipped on Ice Outside a Boston Restaurant?

You may have a claim if the restaurant failed to remove ice within a reasonable time after it formed, or if it created the icy condition through its actions. Massachusetts law requires property owners to use reasonable care in winter weather conditions.

Can I Still File a Claim if I Was Wearing High Heels When I Fell?

Yes, your choice of footwear doesn’t automatically bar your claim, though it may affect the percentage of fault assigned to you. The property owner still had a duty to maintain safe conditions regardless of what shoes you were wearing.

How Long Do I Have to Report My Fall to the Property Owner?

While there’s no specific deadline to report your fall, you should notify the property owner as soon as possible. Prompt reporting helps preserve evidence and prevents the owner from claiming your injuries happened elsewhere.