Slip and Fall Accidents

November 17, 2022

Brain Injuries Caused by Auto Accidents and Accidental Falls in Massachusetts

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.

January 9, 2018

Snow and Ice-Related Slip and Fall Accidents – Who’s Liable?

by Altman & Altman

With the snow and ice of New England winters comes an increased risk of winter weather-related slip and fall accidents. If you fall in a public place, due to snow or ice, what are your rights?

Most snow and ice-related slip and fall accidents occur on sidewalks and in parking lots. Property owners must exercise reasonable care in keeping these areas well maintained at all times, including during wintry weather conditions. A business or property owner who fails to promptly remove snow and ice may be liable if someone is injured. A MA personal injury lawyer can help you determine how to proceed if you’ve been injured in a slip and fall accident.

When it comes to public businesses, such as malls, grocery stores, and restaurants, property owners often contract with snow and ice removal companies to maintain their parking lots and sidewalks. Ultimately, it is up to the property owner to ensure that these areas are safe. If, for example, the contractor doesn’t show up with a plow during a snow storm, the property owner must still figure out a way to remove the snow. It might be time to call another contractor, or the property owner may just need to pick up a shovel.

Reasonable Care

All of that being said, customers and the general public must also use reasonable care when walking or driving in a snowy or icy area. If a customer – who wants to quickly get inside the warm store – sprints across the parking lot during a snow storm, he is not exercising reasonable caution. A Boston slip and fall accident attorney can help you recover damages if you have been injured by another’s negligence.

Natural Accumulation

It is difficult, if not impossible, for a parking lot to be kept entirely clear of snow during a blizzard. A property owner’s responsibility, therefore, is not to keep walkways and parking areas free of snow and ice, but to keep them “reasonably” free of snow and ice. Some states have what is known as the “natural accumulation” rule, which holds that a property owner is not liable as long as she did not interfere with the natural accumulation of snow. This was also the case in MA until 2010, when the Supreme Judicial Court (SJC) overturned a 125-year old rule, replacing it with the “reasonable person” standard.

The SJC made the following statement: “If a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect against the danger.”

Take Pictures

If you are injured in a slip and fall accident, it is crucial to document your case in as detailed a manner as possible. Photographs provide some of the most compelling evidence, and they should be taken as soon as possible following the accident. This is especially true when snow and ice are involved, as weather conditions can change quickly and without warning. If you have been injured, photograph your injuries and the scene of the accident. With today’s smart phones, most of us have a good camera at our fingertips at all times. If you are unable to take pictures, ask a witness if he or she could do so on your behalf. Also, be sure to ask any witnesses for their contact information, in case you need to ask them a question about the accident at a later date. Continue reading

January 5, 2018

Injured in a Slip and Fall Accident? Snap Some Pictures

by Altman & Altman

In order to recover damages following a slip and fall accident, you will have to prove that your injuries were caused by another’s negligence. As such, the more evidence you can collect, the greater your chances of a successful claim. One of the most compelling types of evidence is pictures. In the past, getting pictures of an accident scene immediately following the accident was dependent on one of the witnesses having a camera. However, with today’s smartphones, just about everyone is equipped with a high-quality camera at all times.

Causes of Slip and Fall Accidents

Slip and fall accidents can occur anywhere and at any time. Common causes include:

Ice or snow
Uneven steps or flooring
Debris or clutter in walkways
Poor lighting
Exposed wiring
Cracked pavement
Wet or slippery flooring
Missing handrails
Holes in flooring
Lack of warning signs
Worn carpet
Broken tiles

Types of Slip and Fall Injuries

According to the National Safety Council, slip and fall accidents send nearly nine million people to the emergency room each year. Some of these injuries are minor, but injuries can be serious, and even fatal. Common slip and fall injuries include:

Cuts and scrapes
Bruises
Sprains or fractures
Shoulder dislocation
Broken hips
Back and spine injuries
Neck injuries
Traumatic brain injuries

Elderly people have a significantly higher risk of being seriously injured in a slip and fall accident, but all ages are at risk. A Boston personal injury attorney can help you determine how to proceed if you’ve been injured in a slip and fall accident.

Was Negligence a Factor?

If your slip and fall accident was a result of another’s negligence, you may be able to obtain compensation for medical expenses, pain and suffering, and lost wages. But to do so, you have to prove negligence. Collecting solid evidence to substantiate your claim is the best way to prove negligence. Read on for more information about collecting evidence.

Take Pictures

If you are immediately able to take pictures, do so. Photograph any visible injuries, such as bruises and scrapes, as well as the accident scene and all surrounding areas. Did you slip on a spilled substance? Photograph it. Take pictures from multiple angles to show other potential factors. For example, did staff fail to place a “wet floor” sign next to the spill? Is there a visible clock on the wall showing the time? The more pictures you take, the better.

Ask a Friend to Take Pictures

If you do not have a camera on you, or you are physically unable to take pictures, ask a friend, relative, or witness to do so for you. It is important to get pictures before anyone alters the area in which the accident occurred – by placing a “wet floor” sign after the fact, for example. This is especially true of ice and snow-related slip and fall accidents. These conditions can naturally change within minutes. A MA personal injury lawyer can help you recover damages if you’ve been injured in a slip and fall accident. Continue reading

December 5, 2017

Is My Landlord Responsible for Snow and Ice Removal in MA?

by Altman & Altman

Since 2010, property owners in MA can be legally responsible for damages and injuries caused by a failure to remove snow and ice. The 2010 ruling replaced 125 years of legal precedent. Previously, owners were not liable for removing “natural accumulation” of snow and ice. But today’s landlords are legally obligated to treat snow and ice as a dangerous condition. Failing to do so could result in a personal injury lawsuit.

So, How Often Does a Landlord Have to Shovel Snow or Remove Ice?

There is no one-size-fits-all answer to this. In Boston, businesses have three hours and private residences have six hours to remove snow and ice. In Worcester, however, property owners have 12 hours. To be safe, snow and ice should be removed early and often. While it is not necessary to shovel every hour during an ongoing blizzard, doing so every few hours is a good idea. Once the snowfall has stopped, it is important for the property owner to ensure that snow is removed as quickly as possible.

November 21, 2017

Slip and Fall Accidents Happen With Surprising Frequency and can be Accompanied by Serious Injuries

by Altman & Altman

Slip and fall accidents are one of the most common, and costly, workplace accidents. About $70 billion is spent annually on compensation and medical costs related to on-the-job slip and fall accidents. But people don’t only fall at work. Each year, fifty percent of all accidental deaths in the home are caused by falls. Slip and fall accidents in stores, parking lots, and stairwells also occur with surprising frequency.

As one of the leading causes of traumatic brain injuries and accidental death, falls also lead to quite a few personal injury lawsuits. Below are some recent slip and fall cases that resulted in substantial awards for the injury victims. A MA personal injury lawyer can help you determine how to proceed if you’ve been injured in a slip and fall accident.

Earlier this month, an Alabama man who tripped over a pallet and fell while shopping in a Walmart was awarded $7.5 million for his injuries, which included a shattered hip. Although slip and fall lawsuits often settle for large sums of money, an award of more than seven million is rare. In this particular case, however, footage from the security camera revealed that many shoppers had tripped over the same pallet.

Xiaolei Zeng was recently injured in a Virginia Ikea store when a stack of countertops fell on her, crushing her pelvis. According to doctors, Zeng will experience chronic pain as a result of her injuries. A jury awarded her $3.2 million. A Boston slip and fall accident lawyer can help you recover damages if you’ve been injured due to another’s negligence.

George Wallace, a Las Vegas comedian, sustained serious injuries in a slip and fall accident at the Bellagio. The casino was found liable for the faulty wiring job that tripped Wallace, resulting in permanent tendon damage. The jury awarded Wallace $1.3 million for his injuries and lost income.

Earlier this year, Bill Waite tripped on an unmarked step along a sidewalk, striking his head on a chair. Waite, who was left blind by the accident, was awarded $4 million in damages.

Colorado trucker, Holly Avery, slipped on a grease spill at a Walmart loading dock earlier this year. As a result, Avery suffered debilitating injuries to her back. Walmart denied the spill existed only to later find that an investigation into a grease spill at the site was noted in city records. In this case, Walmart had to pay even more than in the pallet case above. Avery received $10 million in damages.

Lorna Bernhoft, a student at the University of Pennsylvania, was paralyzed when she fell through a fourth floor skylight in an off-campus residence. Bernhoft settled with the building’s owners for $11.6 million.

November 6, 2017

Litigation Continues in Illinois Home Depot Slip and Fall Case

by Altman & Altman

In November 2013, Suzanne Barnum was injured when she tripped over a pallet jack in a Home Depot store in Joliet, Illinois. As a result, she is suing both Home Depot and an outside vendor for her injuries. In this particular case, the question of who left the pallet jack in the aisle has been difficult to answer. At the time of the incident, employees of Glenn Walters Nursery were in the store, and may have been assisting with the pallet jack. However, both nursery employees and Home Depot employees deny that they were responsible for leaving the pallet jack unattended. According to evidence, it could have been an employee of either company.

The home improvement retailer requested that Barnum’s injury and liability claims be dismissed, arguing that they are “based on speculation and, therefore, have not created a genuine issue of material fact showing that either defendant breached its duty of ordinary care to plaintiff.” Both Home Depot and Glenn Walters Nursery requested summary judgment, which is appropriate when a plaintiff fails to prove key elements of his or her claim.

“More Likely than Not”

Magistrate Judge Susan E. Cox denied the request for a summary judgment, writing that: “In this case, the court finds that plaintiff has pointed to sufficient evidence in the record from which it can be inferred that either defendant was more likely than not to have left the pallet jack in the aisle of the garden center.”

The home goods giant and the local nursery have cited Piotrowski v. Menard in their arguments. In the Piotrowski case, a customer tripped over planter stones that had spilled onto a walkway at a Menard’s store. However, the stones could have ended up on the walkway for a number of reasons, including simply rolling out of the nearby planter, or that a customer or child moved them. In Barnum’s case, however, the explanations as to how the pallet jack ended up in the aisle are limited. Customers are not allowed to use or move pallet jacks, so the chance of anyone other than an employee or vendor being involved is slim to none.

Witness statements suggest that an employee from either company could have left the pallet jack in the aisle. There is evidence that nursery employees used it that morning, but also that a Home Depot employee helped them. Both continue to deny responsibility. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

“Glenn Walters Nursery’s internal communications suggest that it was a Home Depot employee, which is sufficient evidence to infer that it was more likely than not Home Depot that was responsible for leaving the pallet jack in the aisle, thereby defeating its motion for summary judgment,” wrote Cox. However, such evidence doesn’t exonerate nursery employees. As such, Glenn Walters’ request for summary judgment was also denied. Continue reading

October 2, 2017

Did Home Depot Fail to Provide a Safe Environment for Customers?

by Altman & Altman

Jesus Sanchez is suing Home Depot for injuries he sustained in a slip and fall accident in one of the store’s Florida locations. Sanchez claims he suffered damages due to the store’s failure to provide a safe environment. According to his claim, Sanchez was injured when he tripped on plastic wrapping left on the floor of one of the aisles. The defendant allegedly failed to provide adequate warning of a dangerous condition in one of the aisles, and to resolve the dangerous condition in a timely manner.

Store Liability in Slip and Fall Accidents

In order to determine whether a store is liable for your slip and fall injury, several factors must be considered. Did a dangerous condition exist? Did the store owner, manager, or landlord know about the dangerous condition? Did the store owner, manager, or landlord make a reasonable attempt to remedy the dangerous condition? Did you suffer damages? All of these questions will be addressed in a slip and fall case.

Take the above case for example. If a store manager knew about the plastic wrap on the floor but decided to take her lunch break before removing it, Sanchez’s injury claim may be successful. However, if the plastic wrap had been left on the floor because an employee was responding to an urgent situation in another aisle, and it had only been there for two or three minutes, Sanchez isn’t likely to receive a substantial award for his damages.

Slip and fall accidents in stores are commonly caused by spilled liquids or slippery substances, debris in aisles, uneven pavement or walkways, and icy or snowy walkways. Stores have a duty to maintain reasonably safe conditions at all times. When an unsafe condition in a store results in injury, the plaintiff may be compensated. However, whether he is compensated, and how much he is compensated, is largely dependent on the unique details of the case. A Boston personal injury attorney can help you determine how to proceed if you’ve been injured in a slip and fall accident.

Slip and Fall Accident Statistics

Slips, trips, and falls are a leading cause of personal injury claims in the United States, accounting for 15 percent of all accidental deaths. Anyone can be injured in a slip and fall accident, but who is most at risk? And where are slip and fall accidents most likely to occur?

Approximately one million Americans are injured in a slip and fall accident annually.
Among older Americans, slip and fall accidents are the most common cause of traumatic brain injuries (TBIs).
About 65 percent of all slip and fall accidents occur on same-level walking surfaces, not from higher levels.
Falls are the second leading cause of accidental death among people between the ages of 65 and 84.
Falls are the leading cause of accidental death for people aged 85 years and older.
Annually, more than 60 percent of nursing home residents fall.
Approximately 85 percent of workers’ comp claims arise from workers falling on slick or slippery floors.
In the U.S. alone, fall-related injuries are estimated to cost up to $14 million annually.

A MA slip and fall lawyer can help you recover damages if you’ve been injured due to another’s negligence. Continue reading