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Trip and Fall Lawyer in Massachusetts
Property owners have a duty to eliminate tripping hazards. When they fail and you are injured, Attorney Jeffrey C. Lavey holds them fully accountable. Free consultation. No fees unless we win.
Trip and Fall Accidents in Massachusetts
A trip and fall accident occurs when a foot catches on an elevated surface, a sunken surface, an object in the walking path, or an unexpected change in floor level, causing a person to fall and sustain injury. These accidents happen in retail stores, parking lots, on public sidewalks, in apartment buildings, and in many other settings. When the tripping hazard was created by or known to the property owner, Massachusetts premises liability law holds the owner responsible for resulting injuries. Attorney Jeffrey C. Lavey represents trip and fall victims throughout Massachusetts.
Common Tripping Hazards
- Uneven or cracked pavement with elevated edges or lips that catch the foot
- Missing or loose floor tiles and damaged flooring material
- Carpet edges that have come unsecured and curl up from the floor
- Extension cords, power cables, and hoses left across walking paths
- Door thresholds, floor level transitions, and other elevation changes without adequate visibility or warning
- Protruding bolts, nails, or hardware in flooring and walking surfaces
- Merchandise, pallets, or equipment left in store aisles
- Raised sidewalk sections from frost heaving or tree root growth
The Notice Requirement in Massachusetts
Massachusetts premises liability for trip and fall accidents typically requires establishing that the property owner had actual or constructive notice of the hazardous condition before the accident. Actual notice means the owner was directly informed about the hazard. Constructive notice means the hazard had existed long enough that a reasonably vigilant property owner would have discovered it through ordinary inspection. The duration the hazard existed before the accident is critical evidence. Attorney Lavey investigates maintenance records, prior complaints, and the physical characteristics of the hazard to establish the duration of the dangerous condition.
Documenting a Trip and Fall Accident
Immediate documentation is essential. Photograph the exact condition that caused the trip before it can be repaired or removed. Photograph the surrounding area to establish the context. Document your injuries. Get the names and contact information of any witnesses. Report the incident to the property manager and ensure an incident report is created, but decline to make a recorded statement about fault. Seek medical attention promptly. Contact Attorney Lavey as soon as possible, physical conditions change rapidly, and the evidence of the specific hazard can disappear quickly.
Compensation for Trip and Fall Victims
Trip and fall compensation covers all medical expenses including emergency treatment, diagnostic imaging, surgery if required, and physical therapy; all lost wages during recovery; pain and suffering during healing and from any chronic pain; and future costs for lasting injuries. Attorney Lavey pursues the full value of every trip and fall case based on the actual medical evidence and impact on the client’s life.
Frequently Asked Questions
This is a standard comparative negligence argument in trip and fall cases. Pedestrians are not expected to walk with their eyes fixed on the ground at all times; they are entitled to assume that walking surfaces are reasonably safe. The specific circumstances, whether the hazard was in a high-traffic area where reasonable people would not expect a danger, whether adequate lighting was present, whether the hazard was marked or visible, all bear on whether the victim bears any comparative fault. Attorney Lavey challenges these arguments with the specific facts.
Claims against municipalities for defective public sidewalks are subject to the Massachusetts Tort Claims Act, which requires written presentment to the municipality within a specific period and limits certain damages. Missing the presentment deadline permanently bars the claim. Attorney Lavey handles municipal sidewalk claims with full attention to the procedural requirements.
The “open and obvious” hazard defense argues that a property owner has no duty to warn of or remedy hazards that are plainly visible to a reasonable person. This defense is not absolute, even obvious hazards may create liability when there is no reasonable alternative path, when distraction was reasonably foreseeable, or when the property owner was required to remedy the condition regardless of its visibility. Attorney Lavey challenges open-and-obvious arguments with the specific facts of each case.
Inadequate lighting that prevented a pedestrian from seeing a tripping hazard is itself a premises liability issue. A property owner who fails to provide adequate lighting in areas where pedestrians are expected to walk may be independently liable for the darkness that prevented the hazard from being seen. Attorney Lavey evaluates lighting conditions in every nighttime trip and fall case.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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