Understanding Premises Liability in Massachusetts: How We Prove Liability in a Slip-and-Fall Case
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- Premises liability holds property owners responsible for maintaining safe conditions for lawful visitors.
- Common causes include wet floors, icy walkways, poor lighting, and uneven surfaces.
- To win a case, attorneys must prove duty of care, breach, causation, and damages.
- Massachusetts law allows recovery even if the injured person is partially at fault (up to 50%).
- Evidence like photos, witness statements, and maintenance records plays a crucial role.
- Injured individuals may recover medical bills, lost wages, and pain and suffering.
- Jason Ranallo Law has over 20 years of experience representing slip and fall victims across Massachusetts.
Massachusetts Slip and Fall Statistics
- Slip, trip, and fall incidents are among the leading causes of emergency room visits in Massachusetts.
- According to the Massachusetts Department of Public Health:
- Over 16,000 adults aged 25–64 visit ERs each year due to falls on slippery or unsafe surfaces.
- For adults aged 65+, falls account for nearly 60% of all injury-related hospitalizations.
- Workplace slip and fall claims make up 22% of workers’ compensation injuries in the state.
- Winter months bring an especially high volume of ice- and snow-related claims - Massachusetts averages over 100 inches of snowfall in some areas, creating dangerous conditions on sidewalks, driveways, and business entryways.
- Property owners and landlords who fail to properly shovel, salt, or maintain their premises can be held liable under Massachusetts General Laws Chapter 231, §85.
When someone slips, trips, or falls on another person’s property, the physical injuries can be painful - but the legal process doesn’t have to be confusing. At Jason Ranallo Law, based in Dedham and serving the Boston MetroWest and Southeastern Massachusetts area, we help injured persons understand their rights and hold careless property owners accountable. See our
Slip & Fall Accidents page.
What Is Premises Liability?
Premises liability is the legal principle that holds property owners and managers accountable for keeping their premises reasonably safe for lawful visitors.
This concept, sometimes referred to as property owner negligence or property owner liability, means that if someone gets hurt due to a dangerous condition like an icy walkway, a wet floor, a broken handrail, uneven pavement, or poor lighting where the property owner could be legally responsible for the injuries.
Common examples include slip and fall lawsuits, where someone slips on a slick surface and gets injured, or inadequate security claims, where a lack of proper security measures, like insufficient lighting or missing locks, allows a third party to harm a visitor.
Property owners must regularly inspect and maintain their premises to prevent these hazards, ensuring visitors aren’t put at risk due to negligence. Failure to do so can lead to legal action, with terms like “slip and fall” or “negligent maintenance” often used in everyday conversations about these cases.
Under Massachusetts law, property owners owe a “duty of reasonable care” to anyone lawfully on their property like customers, tenants, delivery drivers, guests. When owners fail to address unsafe conditions, they knew (or should have known) about, they can be found negligent.
The Four Elements We Must Prove
To build a successful slip-and-fall or other premises liability claim in Massachusetts, the attorneys at Jason Ranallo Law must establish four key elements of negligence:
Duty of Care
The property owner had a legal responsibility to maintain a safe environment.
Breach of Duty
The owner failed to meet that standard (for example, ignoring a leak or failing to salt icy steps).
Causation
The unsafe condition directly caused your injury.
Damages
You suffered actual harm such as medical bills, lost wages, pain and suffering, or permanent injury.
Common Examples of Premises Liability in Massachusetts
- Slips and falls on snow or ice outside businesses or multi-unit buildings
- Falls on wet floors in retail stores or restaurants
- Poor lighting or broken steps in stairwells or entryways
- Unsecured cords, rugs, or flooring in commercial or residential common areas
- Negligent maintenance of sidewalks, parking lots, or shared property surfaces
How We Build and Prove Your Case
At Jason Ranallo Law, proving liability in a slip-and-fall case starts with evidence and investigation. We seek to collect:
- Photos and video footage of the hazard
- Witness statements from anyone who saw the fall or unsafe condition
- Incident or accident reports filed by property management
- Maintenance logs, cleaning records, or snow removal contracts
- Expert testimony on building code compliance or safety standards
- Medical documentation linking your injuries to the fall
We also evaluate notice - whether the property owner knew or should have known about the dangerous condition and failed to act. See our article: on What to do immediately after a slip and fall.
Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative negligence rule: you can still recover compensation even if you were partially at fault, so long as you were not more than 50% responsible for the accident. If you're, for example, 20% at fault, your award is reduced by that amount. This makes the fact-gathering and legal strategy all the more important.
Damages You Can Recover
- Medical expenses and future treatment
- Lost wages and diminished earning capacity
- Pain, suffering, and emotional distress
- Permanent disability or scarring
- Out-of-pocket expenses related to the injury
What To Do After a Slip-and-Fall Accident
- Seek medical attention immediately.
- Report the incident to the property owner or manager.
- Take photos of the hazard, your injuries, and the surrounding area.
- Secure contact info for any witnesses.
- Avoid speaking to insurers or signing anything before speaking to an experienced attorney like those at Jason Ranallo Law.
Why Work with an Experienced Massachusetts Slip-and-Fall Attorney
Proving a premises liability claim requires legal skill, strategic evidence-gathering, and familiarity with Massachusetts case law and statutes. At Jason Ranallo Law, we have represented victims of slip-and-fall incidents since 2002 and understand how insurance companies defend these cases. We’ll investigate, negotiate, and if necessary, prepare for trial with your best interests in mind.
If you’ve been injured in a fall, don’t face this alone. Let our team provide the guidance, advocacy, and personalized attention you deserve.
Need Legal Help After a Slip-and-Fall?
Contact Jason Ranallo Law today for a free consultation. We’ll review your situation, explain your legal options, and start building your case right away.
