Slipping and falling on an uneven surface or into an unprotected hole can cause serious and painful injuries, including head trauma, dental problems, scars and broken bones. In many incidences in Massachusetts, the victim requires emergency treatment, surgery and months of rehabilitation. But exactly who pays the medical bills for any injury caused on another’s premises along with time away from work, pain and suffering?

Every year, tens of thousands of individuals suffer injuries on uneven surfaces including a broken step, wrinkled mats or carpet, chipped or broken flooring tile, a gap when entering or exiting an elevator or cracks in the sidewalk. These MA premises accidents often involve slipping, tripping, stumbling or falling on uneven surfaces. Unprotected holes in Mass. and in Greater Boston often appear unexpectedly in parking lots, around construction sites, on roadways and in retail establishments.

According to the U.S. National Security Council, more than 4000 individuals lose their lives every year from falls that happen at ground level. These types of incidences happening condominiums, apartments, retail stores, business offices, hotels and other commercial establishments. They often occur because the victim was unaware of any difference in elevation that led to the condition which caused their injury.

A Duty to Provide Care under Massachusetts Law

Businesses, stores, hotels and other commercial establishments in Massachusetts have a duty to provide reasonable care to ensure the safety of every visitor, employee or guest on the premises. This means that the property must be properly designed, constructed and maintained. All areas of the MA premises must be routinely inspected to see if any condition exists that needs repair. Any failure of that duty to provide safety leaves the company open to legal liability from victims or surviving family members choosing to sue all parties responsible to recover compensation.

Common factors that often lead to accidents in Boston or New Bedford involving uneven floors and unprotected holes include:

• Failing to maintain floors properly
• Ignoring problem areas on the premises that require repair
• Faulty construction or poor design of the property
• Growing tree roots that raise sidewalks, pathways and other areas on the premises
• Cracks in driveways, parking lots, sidewalks and other services
• Negligence of the owner, site manager or others in charge who failed to warn visitors of known uneven surfaces

Common Recoverable Damages using a MA personal injury lawyer

Falling in an unprotected hole or across an uneven surface can cause very serious injuries that require extensive medical attention, prescription medications and procedures. The most common recoverable damages in these types of slip and fall accidents involve:

• Traumatic brain injuries (TBIs)
• Severe back injury
• Spinal cord injury
• Fractures and broken bones
• Nerve damage and other neuropathy
• Concussion and contusions
• Hip and pelvic bone injuries
• Coma
• Wrongful death

Treating these types of injuries are often extremely expensive and long-lasting. Injured parties should never expect to pay out-of-pocket to get well again when the accident was caused by another’s neglect. In many situations, the victim was unaware of the uneven surface that caused their injury. It is usually those in charge of the premises who have the best opportunity for assessing and evaluating a hazardous condition and make all needed repairs when required.

Hiring a Boston negligence and slip and fall Attorney

Massachusetts Premises liability claims involving injuries caused by an uneven surface or unprotected hole are complex and demanding to litigate. Because of that, victims of these types of accidents will hire a Fall River , Dartmouth Or New Bedford skilled personal injury attorney who specializes in premises liability cases.

Reputable Boston premises liability attorneys know that these cases are often successfully one by common sense. An experienced Massachusetts personal injury lawyer or a MA premises liability attorney can build the case by gathering evidence to prove one of three specific elements exists, including:

• Those in charge of the property knew a dangerous condition existed and took no steps to correct it
• Those in charge of the premises should have expected that the dangerous condition existed and then taken the necessary steps a reasonable individual would have to prevent an injury
• Those in charge of the property created a hazardous condition which eventually caused the injury

Victims with a solid case have a right to recovery by filing a compensation claim against the defendant’s insurance company or taking the case to trial in a civil lawsuit.

http://www.nsc.org/learn/safety-knowledge/Pages/safety-at-home-falls.aspx