No one expects a trip to the grocery store to end up with an expensive and painful injury. A bad fall can leave you with serious injuries like torn ligaments, fractured wrists or severe back pain. While the immediate focus should be on healing, one might also wonder if they can hold the store financially accountable. However, to sue for a slip-and-fall injury, you have to prove the store was legally negligent.
Factors contributing to liability claims
To successfully sue a supermarket or grocery store, you would have to prove that the business failed to maintain a reasonably safe environment. To prove premises liability in Massachusetts, you need to establish certain critical legal criteria such as:
- Duty of care: The business owes a legal duty to keep its property reasonably safe for customers
- Negligence: The business knew or reasonably should have known about a dangerous condition and failed to fix it or warn customers
- Mode of operation: The business’s regular method of operation makes recurring risks predictable, making it liable for foreseeable risks
- Causation: The business’s failure to address the hazardous condition was the direct cause of your injuries
The state operates under a modified comparative negligence law system. That means, you can still recover money as long as you are 50% or less at fault. If a jury decides the injury was 80% the store’s fault and 20% your fault, your total financial award could be reduced by 20%.
Life after a slip-and-fall injury
A sudden injury does more than disrupt your physical well-being; it can adversely affect your daily life, livelihood and peace of mind. Taking the right steps early could help you secure the resources you need for a full recovery. Speaking with an experienced Massachusetts personal injury attorney could help you clarify what legal options might be available to you.
