Slip and Fall Accidents

May 20, 2024

Injuries Caused by Poorly Lit Stairways and Parking Lots

Poorly lit stairways and parking lots pose serious safety hazards, increasing the risk of slips, trips, and falls that can lead to severe injuries. Whether you are walking down a flight of stairs at a Boston sporting event, parking your car at Copley place or walking in the various buildings/parking lots in Boston’s Seaport district, you should be aware of the possibility of poorly lit facility and stairwells. According to the National Safety Council, falls are one of the leading causes of unintentional injuries in the United States, accounting for over 8 million emergency room visits annually.

Poor lighting can lead to other injuries as well. From strains and sprains to assaults, you may have grounds for a premises liability claim if you’ve been injured due to inadequate lighting in a public or private space. Here’s what you need to know:

The Importance of Adequate Lighting

January 3, 2024

Guest and Invitee Rights — Premises Liability Laws in Massachusetts

by Altman & Altman

Premises liability is a core component of personal injury law, especially when it comes to the rights of guests and invitees on someone else’s property. Premises liability refers to the legal responsibility of property owners to maintain a safe environment for those who enter their premises. In Massachusetts, property owners owe different levels of care to visitors based on their legal classification.

Premises liability claims are not uncommon, and they often result in serious injuries. According to the National Floor Safety Institute (NFSI), over one million people visit the emergency room each year due to slip and fall accidents, a common type of premises liability claim. If you’ve been injured on another’s property, it is in your best interest to seek immediate legal counsel.

Legal Classifications of Visitors

November 16, 2023

Most Common Causes of Slip and Fall Accidents in Winter

by Altman & Altman

The winter season brings with it holiday festivities, cozy moments by the fireplace, and the magic of snow-covered streets. Amidst the beauty of the season, however, there are hidden dangers that can turn Massachusetts’s winter wonderland into an accident scene. Slip and fall accidents are a common occurrence during the winter months, and understanding the factors that contribute to these incidents is critical to staying safe.

The Cold Reality of Slip and Fall Statistics:

According to the National Floor Safety Institute (NFSI), slip and fall accidents account for over one million emergency room visits each year. While not all of these are winter-related, a substantial percentage occur when icy and slippery conditions are present. The Centers for Disease Control and Prevention (CDC) further reports that one out of five falls results in a serious injury, such as a head injury or bone fractures. Although slip and fall accidents affect all age groups and demographics, the risk of serious injury and death rises dramatically with age.

November 7, 2023

Injured due to unsafe conditions? Understanding Premises Liability in Massachusetts

by Altman & Altman

Whether you’re at a friend’s house, a shopping mall, or a restaurant, you have the right to expect a reasonably safe environment. Unfortunately, negligent property maintenance and unsafe conditions lead to countless injuries and deaths every year.

In Massachusetts, premises liability law holds property owners responsible for accidents and injuries that occur on their property. Read on to explore the key aspects of premises liability in Massachusetts and what you should know if you find yourself in such a situation.

Duty of Care

October 31, 2023

Navigating MBTA Accident Claims

by Altman & Altman

Every day, the Massachusetts Bay Transportation Authority (MBTA) is used by more than 700,000 residents and commuters throughout the Greater Boston area. While public transportation offers convenience and efficiency, accidents involving the MBTA can and do occur.

In 2022, following an increase in MBTA-related deaths and serious injuries, the FTA assumed safety oversight of the MBTA. In a letter to T General Manager Steve Poftak, the agency said, “The Federal Transit Authority (FTA) is extremely concerned with the ongoing safety issues at the MBTA.” This letter was sent after a 39-year-old man was dragged to his death by a Red Line train car.

If you or a loved one has been involved in an MBTA accident, the ability to obtain compensation is dependent on knowing how to navigate the complex claims process. Following the steps below can help.

September 7, 2023

Work-Related Death Rate Reaches 5-Year High

by Altman & Altman

American workplaces have seen a concerning increase in on-the-job deaths, according to a news release by the Bureau of Labor Statistics (BLS). A total of 5,190 people in the United States died from job-related injury in 2021 — the equivalent of one worker every 101 minutes. With 3.6 fatalities per 100,000 full-time workers, this marked the highest annual fatal work injury rate since 2016.

This troubling trend serves as a stark reminder of the risks that many American workers face on a daily basis. From construction sites to underground mines, dangerous workplaces can lead to fatal accidents that leave families devastated and struggling to cope.

Leading Causes of Workplace Deaths

November 17, 2022

Brain Injuries Caused by Auto Accidents and Accidental Falls in Massachusetts

by Altman & Altman

Massachusetts residents had higher rates of traumatic brain injury-related emergency department (ED) visits than residents of any other state studied, according to a 2021 report in the Journal of Head Trauma Rehabilitation. Over 998 per 100,000 MA residents went to an emergency room for a traumatic brain injury (TBI) in a single year, topping the list of the 25 states reporting that data. While the Commonwealth fared better on TBI-related deaths and hospitalizations, one thing is clear: brain injuries affect a substantial number of Massachusetts residents every year.

TBIs occur when a bump, blow, jolt, or penetration to the head disrupts normal brain function. Although many TBIs result in mild concussions, serious brain injury is a major cause of death and disability. In fact, a 2018 special report by the Massachusetts Department of Public Health (DPH) indicated that TBIs contributed to 68,260 emergency room visits, 5,062 hospitalizations, and 820 deaths of MA residents in one year.

Causes of Brain Injuries in Massachusetts

October 18, 2022

Can I Sue My Landlord for a Slip and Fall Accident?

by Altman & Altman

Accidental falls send more Massachusetts residents to the ER than any other reason. If you suffer an injury due to a fall on the job, workers’ compensation insurance may cover your medical bills and missed days at work. But what if you slip and fall at your place of residence? In some circumstances, you can legally seek financial compensation from your landlord.

What Causes Slip and Fall Accidents at Rental Properties?

According to the National Floor Safety Institute, hazardous floors are the leading cause of accidental falls. A wide variety of floor-related and other hazards at rental properties can potentially cause you to trip or slip and fall, including the following:

May 4, 2022

Injured at the Mall: Who’s Responsible?

by Altman & Altman

Injured at the Mall: Who’s Responsible?

Accidents happen everywhere and shopping malls are no exception. Customers slip and fall in icy parking lots. Shoppers are pushed by rowdy Black Friday crowds. Escalators malfunction, causing catastrophic injuries and sometimes even death.

But if you are seriously hurt while at a mall, who is liable? In theory, the answer is simple: anyone who is negligent. In reality, many factors come into play. Where exactly did the accident happen? Could it have been prevented? Was it the fault of the mall owner or a tenant? If you have more questions than answers, a personal injury attorney can help you navigate the situation.

May 16, 2018

What Do I Need to Prove to Win My Slip and Fall Case in Massachusetts?

by Altman & Altman

A person can fall and get injured for a variety of reasons—icy walkways, uneven pavement, intoxication, and even a bad knee or hip—to name a few. When the accident is the result of another’s negligence, the injury victim may be entitled to compensation for medical expenses, pain and suffering, and lost wages. But proving that someone else is responsible for your injury isn’t always an easy task. Read on for more information about slip and fall injuries and how to prove that another party is liable.

Proving Liability

To prove liability in a slip and fall case, you must be able to show that one of the following two situations contributed to your injury:

The owner of the property, or an employee of a company, should reasonably have recognized the hazardous condition, such as an icy walkway or uneven pavement, and repaired the problem, but failed to do so.
The owner of the property, or an employee, caused the hazardous condition (i.e. spilled a slippery substance on the floor of a grocery store) and should have reasonably foreseen that someone could be injured if the condition wasn’t removed or repaired.

If, for example, you slipped on a substance that had been spilled only moments earlier, and a wet floor sign had been placed beside the spill while an employee went to get cleaning supplies, you may have a difficult time proving negligence. A Boston slip and fall attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Important Questions to Consider

In order for a slip and fall case to be successful, the responsible party must have failed to act in a manner that a reasonable person would have acted in under the same or similar circumstances. To determine this, you should ask yourself the following questions:

Did the dangerous condition exist for a long enough time that a reasonable person could have removed or repaired it (consider the spilled substance example above)?
Did the owner of the property perform routine checks and maintenance on the property? If so, did he/she keep a log?
Was there a justifiable reason for the hazardous condition, and was it still present at the time of the accident?
Could the potential danger have been lessened with preventive measures, such as blocking access to the area or placing warning signs next to the hazard?
Did poor lighting contribute to the accident?

The above questions can help you and your attorney determine whether or not negligence played a role in your injuries, and who may be liable. A MA slip and fall lawyer can help you recover damages if you’ve been injured due to another’s negligence.

Helpful Tips

In addition to the questions above, you can improve your chances of success by following the tips below:

Take pictures of the scene of the accident. If you are unable to do so, ask if a witness can help. Photograph anything that contributed to the accident, such as a wet floor or debris in a walkway, and any injuries.
Ask witnesses for their contact information. If you decide to file a lawsuit, witness testimony can be invaluable to your case.
Write down everything that happened before you forget the details. Memories fade surprisingly fast.
Seek medical attention immediately following the incident. An official medical record will help to substantiate your claim.