What Does it Take to Prove Negligence in a Slip and Fall Injury in Massachusetts?

Before determining what evidence someone needs, it’s vital to understand how Massachusetts expects the key factor of negligence to be proven. Any evidence needs to serve the four principles of negligence as Massachusetts defines them. All four of these must be proven to successfully pursue damages claims.

  • Duty of care. The person or entity you want to hold responsible for the injury (known as the defendant) owed you reasonable care in terms of taking action to prevent an accident from occurring. For example, if it’s a business owner, they should take steps to alleviate snow and ice on the sidewalk in front of the shop in winter.
  • Breach of the duty of care. The defendant did not take the proper action. In the example above, the shop owner didn’t try to remove snow and ice from the sidewalk within a reasonable period of time after the snow and ice accrued. It may also involve a shop owner who was aware of the danger and did nothing about it.
  • Causation. This means the breach of the duty of care caused the accident that led to the injury. This can be the most difficult to prove and may require the most evidence.
  • Damages. The victim (also known as the plaintiff) was harmed via causation in that they were injured and faced financial consequences (out-of-pocket medical expenses, lost wages, etc.), physcial consequences or emotional consequences.

What Evidence Do I Need to Prove the Injury from the Slip and Fall Wasn’t My Fault?

There are several pieces of evidence that can help prove your case. Provided your injuries don’t make it impossible for you to move or take action, here are some things you can document that may help prove the defendant’s negligence.

  • Photos and video. Anything showing the place where the accident occurred and what the conditions were can be helpful. In the example above, photos and videos showing the dangerous, unmitigated conditions on the sidewalk or other surface area are helpful.
  • Nearby security video. Homes or businesses with security cameras may have footage showing the slip and fall happening along with the conditions that may have caused it. This can also help prove you weren’t behaving in a manner that could have caused the accident (this is important and is addressed below). In the example above, if the victim is shown wearing winter boots and walking slowly, the defendant can’t claim they were walking too fast or wearing inadvisable footwear.
  • Weather forecasts. Providing footage of weather forecasts from the day before that predict dangerous conditions, such as considerable snow or rain, may help prove the defendant should have been aware of the potential issues.
  • Eyewitnesses. If anyone witnessed the slip and fall, try to get their names and contact info, as their testimony may corroborate yours about the unsafe conditions as well as whether or not the victim was acting unsafely.
  • Police records. If you call law enforcement to file a report, they may include information about the conditions at the accident site.

If you have other evidence and aren’t sure of its value, contact an experienced slip and fall attorney.

What Is Comparative Negligence in Massachusetts, and How Does it Affect My Slip and Fall Case?

Another crucial reason to collect evidence is because of Massachusetts’ comparative negligence laws. In personal injury cases, it’s not uncommon for more than one person to be at fault for an accident. The courts have legal ways of addressing that.

Across the U.S., there are three different kinds of comparative negligence laws that set out how courts in each state view cases with multiple people at fault.

  • Contributory negligence. This is the harshest form of comparative negligence and is only used in a few states. It holds that if the victim is considered even 1% at fault for the accident, they have no right to file claims.
  • Pure comparative negligence. This is basically the opposite of contributory negligence in that the victim can be found 99% at fault and still receive 1% of any damages awarded.
  • Modified comparative negligence. This finds that if the victim is roughly half responsible (the percentage varies by state), they can’t file for damages.

Massachusetts follows modified comparative negligence. That means if the victim is found 51% or more at fault, they can’t file for damages. If they’re found 50% or less at fault, they can file for damages. If, for example, they’re found 30% at fault and are awarded $20,000, their award will be reduced by 30%, and they’ll receive $14,000 instead.

The defendant will work hard to have as much fault passed to the victim as possible. That’s why collecting as much evidence proves the defendant’s negligence. They may try to contact the victim and get them to accept fault. Don’t respond to them. Forward all requests for communication to your attorney.

What Should I Do if My Spouse and I Want to Divorce and We Have High-Worth Assets?

Call or text our Massachusetts personal injury law firm at 617-221-8221 to schedule a free consultation. This area of personal injury law can be complex and could benefit from the assistance of our team of experienced, knowledgeable slip and fall attorneys. We understand how traumatic it can be to suffer an injury in this type of accident. We can go through the specifics of your case and provide recommendations for the best course of action to help you receive the damages you deserve.