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Injured in a Fall? Our Quincy Slip and Fall Attorneys Can Help
Our Quincy slip and fall lawyers represent accident victims injured by wet or slippery floors, icy walkways, damaged stairs, and other hazards on someone else’s property.
Fall accidents happen in stores, apartment buildings, and parking areas, sometimes causing severe injuries that require medical treatment and time away from work. A property owner or insurance company may then dispute what happened.
Under Massachusetts premises liability law, negligent property owners, businesses, landlords, and other parties may be held responsible when their failure to exercise reasonable care causes an injury.
Not every fall supports a premises liability claim. Determining liability requires evidence of what caused the accident, who controlled the area, and whether reasonable precautions were taken.
At Marasco & Nesselbush, our legal team investigates unsafe conditions, preserves evidence, and helps injured clients seek fair compensation for documented losses.
If you need a Quincy fall accident lawyer, contact Marasco & Nesselbush for a free case evaluation of your injuries and legal options.
Marasco & Nesselbush: Representing Injured Clients Since 1999
Marasco & Nesselbush has represented injured individuals and families since 1999. Our law firm has recovered more than $500 million across its practice areas, including substantial results in serious fall cases.
Our attorneys have more than 350 years of combined legal experience. Thomas L. Moran, who is admitted in Massachusetts, has handled major fall cases involving disputed liability and lasting injuries.
Our Quincy office at 234 Copeland Street, Suite 210, serves Norfolk County and South Shore communities. We offer free consultations and assistance in English and Spanish.
We handle qualifying claims on a contingency fee basis, with no upfront legal fees for attorney services. Attorney fees depend on a recovery, and the written agreement explains how case expenses are handled.
Why Quincy Slip and Fall Victims Choose Marasco & Nesselbush
An insurance claim after a fall may involve disputed maintenance duties, missing surveillance footage, or arguments that the injured person caused the accident. Insurance companies may try to minimize payouts by questioning medical treatment, preexisting conditions, or the need for future care.
Our fall accident attorneys offer the following experience and resources:
- Investigation of unsafe conditions: We review property records, inspection histories, reports, witnesses, and surveillance footage to establish how a fall occurred and whether the property owner’s negligence caused it.
- Experience with serious injuries: Our attorneys document head trauma, spinal cord injuries, fractures, permanent disability, and lost earning capacity, consulting medical specialists where necessary.
- Insurance negotiations and litigation: Experienced slip and fall attorneys can challenge unsupported insurer arguments, evaluate settlement offers against documented losses, and pursue personal injury lawsuits when negotiations do not resolve a valid claim.
- Local legal knowledge: Our attorneys examine Quincy property conditions and Massachusetts municipal liability rules, which can differ significantly from rules governing private property.
Our Slip and Fall Attorneys Get Results
Our published premises liability results demonstrate a proven track record in litigation involving serious falls:
- $6.25 million settlement: Recovered for the estate of a Massachusetts woman who suffered a fall on unrepaired pavement at a South Carolina adventure park and later died from complications associated with her injuries.
- $2.9 million settlement: Recovered in a Rhode Island commercial landlord case after a worker tripped over a board placed across a stairwell doorway and developed lasting injuries that prevented her return to work.
These cases arose outside Massachusetts. Past results do not guarantee a similar outcome because each claim depends on its facts, injuries, and applicable law.
Injured and not sure what your case is worth? Find out for free.
Common Causes of Slip and Fall Accidents in Quincy
Slip and fall accidents occur in stores, restaurants, apartments, and parking areas. Conditions may develop suddenly, or property owners may fail to repair a recurring defect.
Common hazards include:
- Wet or slippery floors: Spilled drinks, leaking equipment, mopped surfaces, and tracked-in rainwater may create hazards without timely cleanup or warning signs.
- Snow and ice: Untreated walkways, refrozen runoff, icy stairs, and parking lots may become hazardous during winter weather and freeze-thaw cycles.
- Uneven flooring: Loose tiles, torn carpeting, damaged pavement, and curled entrance mats can cause people to trip.
- Defective stairways: Broken steps, deteriorating landings, and unstable handrails may contribute to falls, particularly in poorly maintained buildings.
- Obstructed walkways: Merchandise, cords, storage materials, and cleaning equipment may block areas used by customers or residents.
- Poor lighting: Dim stairways, entrances, or parking areas can hide changes in elevation, broken surfaces, and other hazards.
The circumstances determine whether an owner or another responsible party had a reasonable opportunity to discover and address the condition.
Common Slip and Fall Injuries
Falls can cause catastrophic injuries requiring emergency care, surgery, rehabilitation, or long-term support. Head injuries and other complications may not be immediately apparent.
Common injuries include:
- Fractures: Broken wrists, ankles, hips, and other bones may require immobilization, surgery, and extended rehabilitation.
- Head and brain injuries: Concussions, head trauma, and more severe traumatic brain injuries can affect memory, balance, concentration, and daily functioning.
- Back and spinal cord injuries: Herniated discs, vertebral fractures, and spinal cord damage may cause persistent pain, restricted movement, or permanent neurological impairment.
- Joint and soft-tissue injuries: Torn ligaments, damaged cartilage, tendon injuries, and dislocations may require months of therapy or surgical treatment.
- Other lasting effects: Serious falls may cause chronic pain, reduced mobility, and psychological distress related to the accident and its consequences.
The CDC recorded 48,308 deaths from unintentional falls in the United States in 2024. This figure includes falls in many settings, not just accidents involving unsafe property. Medical records and work restrictions help document the injuries sustained in an individual case.
Who May Be Liable for a Slip and Fall Injury?
Determining liability begins with who controlled the accident location and had a duty to inspect, maintain, repair, or warn about dangerous conditions.
A property owner may be liable for hazards under their control. When property owners fail to maintain shared walkways, stairways, or entrances, they may face liability for resulting injuries. Businesses may be responsible for customer-area spills, while contractors may face liability for negligent repairs or snow removal. Holding a property owner accountable requires evidence that an applicable duty was breached, not just that the fall happened on the premises.
More than one party may have responsibility for the same location. Leases, maintenance agreements, inspection records, and the circumstances of the accident can help identify potentially liable parties.
How Do You Prove a Slip and Fall Claim in Massachusetts?
Under Massachusetts premises liability law, an injured person must establish that a responsible party breached a duty of reasonable care and caused harm. A slip and fall personal injury case generally requires proof of four elements:
- Duty of care: The defendant had a legal obligation to exercise reasonable care under the circumstances.
- Breach: The defendant failed to meet that obligation, such as by neglecting a known hazard or reasonable inspection and maintenance practices.
- Causation: The breach caused the fall and the injuries sustained by the injured party.
- Damages: The injured person sustained legally recognized losses, including medical expenses, lost income, or pain and suffering.
Did the Property Owner Know About the Hazard?
In many cases, the evidence must show that the responsible party created the hazard, knew about it, or should reasonably have discovered it before the accident.
A prior complaint or employee report may establish actual notice. Constructive notice may be established when a hazard existed long enough that reasonable inspections or maintenance would have revealed it.
Massachusetts also recognizes a mode-of-operation rule in certain business cases. When the way a business operates makes a particular kind of hazard reasonably foreseeable, an injured customer may not need to prove notice of the specific spill or obstruction. The customer must still establish a failure to exercise reasonable care and resulting harm.
Can Building Code Violations Affect Liability?
Defective stairs, handrails, or other building features may violate applicable safety requirements. A code violation can provide evidence relevant to negligence, but the injured person must still connect the defect to the fall.
Massachusetts General Laws Chapter 143, Section 51 may also establish statutory liability for qualifying building-code violations in certain buildings. Its application depends on the type and use of the building and the party in control; it does not apply automatically to every residential property.
Massachusetts Laws Affecting Slip and Fall Claims
Comparative Negligence
Under Massachusetts General Laws Chapter 231, Section 85, an injured person may generally recover damages when their share of negligence is no greater than the combined negligence of the defendants against whom recovery is sought. Compensation is reduced by the injured person’s percentage of fault.
For example, a person found 20% responsible for a fall with $100,000 in damages would generally recover $80,000. Recovery is ordinarily barred when the person’s share of fault exceeds 50% of the negligence compared under the statute.
A property owner’s argument that someone ignored a warning sign or failed to watch where they were walking does not automatically establish comparative negligence. The surrounding conditions and evidence must be considered.
Snow and Ice Liability
Massachusetts requires property owners and other responsible parties to exercise reasonable care concerning snow and ice hazards. The state’s standard does not distinguish between natural accumulations and ice created by runoff or other conditions.
Whether a business or landlord acted reasonably depends on the weather, expected pedestrian traffic, the property’s use, and the time and opportunity available to treat the surface. An icy walkway does not automatically prove negligence, but failing to take reasonable precautions can support a claim.
Filing Deadlines
Under Chapter 260, Section 2A, most negligence-based slip and fall lawsuits must be filed within three years after the claim accrues, subject to applicable exceptions.
Certain claims against public employers follow additional procedures. Under the Massachusetts Tort Claims Act, Chapter 258, Section 4, qualifying claims generally require written presentment to the appropriate public official within two years. Claims involving defective public ways can follow different statutory rules.
Thirty-Day Notice for Public Ways and Snow or Ice
Some claims require written notice much sooner than the lawsuit filing deadline:
- Defective public ways: Chapter 84, Section 18 generally requires notice within 30 days for qualifying injuries caused by defects in public roads or sidewalks.
- Snow and ice on private property: Chapter 84, Section 21 extends related notice requirements to certain injuries caused by snow or ice on private premises or adjoining ways.
The statutes limit the effect of missed notice in qualifying snow-and-ice cases unless the defendant proves prejudice. Providing prompt notice is nevertheless important because the requirements and available defenses may be disputed.
Injuries caused by defects in municipal public ways can also be subject to separate liability rules and damages limits under Chapter 84, Section 15. Responsibility for a public sidewalk should not be assumed solely because a nearby property owner maintains or clears it.
Compensation Available in a Quincy Slip and Fall Claim
An injured person may recover compensation for losses caused by a negligent property condition. The amount depends on the injury, medical evidence, financial losses, disputed liability, and insurance coverage. No fixed settlement amount applies to a particular injury, and a lawyer cannot promise maximum compensation.
Compensation may include:
- Medical expenses: Emergency treatment, surgery, medication, physical therapy, and medically supported future care.
- Lost wages: Income and benefits lost during treatment or recovery.
- Reduced earning capacity: Future income losses caused by lasting work restrictions or permanent disability.
- Pain and suffering: Physical pain, emotional distress, disfigurement, and reduced enjoyment of everyday activities.
- Other losses and property damage: Documented damage to personal belongings, mobility aids, personal assistance, or medically necessary home modifications resulting from the fall.
If a fall results in death, the deceased person’s executor or administrator may pursue a qualifying wrongful death claim under Chapter 229, Section 2. Massachusetts generally permits punitive damages only when authorized by statute, including certain wrongful death cases involving gross negligence or more serious misconduct.
Talk to a lawyer and get a free case evaluation today.
Steps to Take After a Slip and Fall in Quincy
A spill may be cleaned, ice may melt, or a damaged stairway may be repaired soon after an accident. When possible, preserving evidence early can help establish what caused the fall.
The following steps may help protect your health and a potential claim:
- Seek medical attention: Obtain appropriate care, particularly after a head impact, severe pain, numbness, or difficulty walking. Report all symptoms and explain how the fall happened.
- Report the accident: Notify the business, landlord, or property manager and request a copy of any incident report prepared.
- Photograph the scene: Capture the walking surface, lighting, warning signs, nearby obstructions, and the wider location if it is safe to do so.
- Identify witnesses: Obtain contact information from people who saw the fall or observed the hazardous condition beforehand.
- Preserve records and belongings: Keep your shoes, damaged clothing, treatment records, medical bills, and information about missed work. Note any nearby cameras or prior complaints about the hazard.
- Contact a Quincy slip and fall lawyer: Our personal injury attorneys can request video and maintenance records, assess insurance coverage, and identify deadlines. Lawyers familiar with local municipal liability rules can also distinguish public-sidewalk claims from private-property accidents.
If an injury requires emergency care, do not delay treatment to collect evidence. Incident reports, witness accounts, and surveillance recordings may help establish the conditions later.
Contact Our Quincy Slip and Fall Attorneys
A fall may leave an injured person dealing with medical bills and lost income while an insurer disputes liability or the severity of the injuries.
Marasco & Nesselbush investigates unsafe property conditions, identifies responsible parties, and documents losses. Our legal team challenges unsupported insurance tactics, seeks fair treatment during settlement discussions, and handles the legal process when litigation is necessary.
Our Quincy office serves people throughout Norfolk County and the South Shore.
Contact Marasco & Nesselbush for a free case evaluation with an experienced slip and fall lawyer. Our goal is pursuing maximum compensation supported by the evidence and Massachusetts law, without promising a particular result.
Qualifying claims are handled on a contingency fee basis with no upfront attorney fees. Our written agreement governs attorney fees and case expenses.
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