
Massachusetts Slip, Trip and
Fall Accidents
Slip and fall incidents cause 15% of all accidental deaths,
and are second only to motor vehicle accidents as a cause of
accidental deaths. In Massachusetts in the wintertime, sidewalks,
stairs and walkways that are snowy, icy, or wet present a particular
danger of slip and fall injuries. Businesses and residences may
be liable for the natural accumulation of ice and snow if they
do not take adequate precautions to clear it.
Slip, Trip and fall include incidents of all types, including
slips on food and foreign substances in restaurants and supermarkets,
trips over badly aligned sidewalk edges and other dangerous surfaces,
and falls down stairs that are in poor condition, inadequately
lighted and not built to code. Each case usually involves unique
aspects that must be adequately proven in order to resolve your
case.
The accident reconstruction may involve evaluation of the materials
and surface conditions of these types of surfaces:
| Walkways Ramps Stairs Playing Surfaces Grates Roller Skating Rinks Escalators Sports Fields & Surfaces Dance Floors Showers Bathtubs Ladders Footwear Scaffolds Mats and Carpets |
Slip and fall accidents differ significantly from other types
of accident cases in an important respect: The negligent or dangerous
conditions that caused a slip and fall injury are usually easily
and quickly cleaned up or lost. This loss of the physical evidence
makes slip and fall cases more difficult to prove than other
types of cases.
Preserve Evidence
If you have been seriously injured in a slip and fall incident,
it is critical to gather and preserve evidence from the accident.
Take photographs of the area where you fell, including
the floor surface, if possible try and record the condition at
the time of your fall. The photographs may show the presence
or absence of any mats, rugs, or slip prevention materials such
as sand at the location. Take photographs of any signs that might
be in the area of the location of the accident.
After the accident you should take pictures of condition of your
clothing and shoes as they appeared immediately following the
accident. Stains and scrapes can help pinpoint how you fell and
where you landed.
If you sustained external injuries such as bruises, cuts, scrapes
or stitches, casts take photographs of them to preserve the state
of the injury for the attorney. If your injuries are very severe
your attorney will likely take steps to help take photos and
gather evidence.
Record Statements of Witnesses
Make sure you or someone with you gets the name, address and telephone number of any potential witness.
Return to the accident scene, visit any nearby homes or business to see if there are any potential witness(es) to the accident or the dangerous conditions.
If you do get witness information, do not contact or speak to the witnesses again or attempt to get any written statements from them. Let the attorney contact them.
Save any Physical Evidence
Save the item that caused you to fall. If the item is perishable, such as a fruit or vegetable, try to preserve the item in a freezer. You may also preserve the shoes that you were wearing at the time you fell. Put them inside a plastic bag and tape it shut so that any materials stuck to the shoes will remain.
If you are able, you should not leave the scene of the accident
without obtaining a copy of the accident report that the manager,
owner, employee or other person has filled out while in your
presence.
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