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Slip and Fall Cases in Greater Fall River-Determining Defects in the Property

On Behalf of | Feb 9, 2016 | Personal Injury, Slip & Fall Accidents

There are many potential causes behind the various slip and fall claims found throughout Fall River, Somerset, Attleboro, and beyond. Sure, there are times when no one is to blame for a fall that results in personal injury; however, that’s not always the case.

Particularly if your fall occurs on a sidewalk or commercial building or establishment, it’s important that you know whether an existing defect was to blame. These existing defects could be the key to helping you win a claim against a municipality or commercial establishment.

What defines a “defect” in a slip and fall claim in Massachusetts?

Legally speaking, the term defect encompasses many possible scenarios including:

  • Snow and ice
  • A pot hole
  • A hole in a sidewalk
  • Flaw in the design

If any of these defects were the cause of your fall, you may have a claim against the party at fault. However, there are some things to consider when determine the defects that caused your fall and personal injury. For example, when it comes to snow and ice, the key question to ask is: “Did the city or commercial property owner have sufficient time to remove the defect?”

If it’s snowing at the time of your fall, chances are you’ll have a hard time proving that you have a viable case. That’s because cities like Fall River, and commercial enterprises, can’t be expected to keep roads and sidewalks perfectly clear if snow (and weather in general) is hampering their efforts.

Potholes and holes, on the other hand, may be an easier defect to support your claim. However, even these defects aren’t 100% foolproof. Holes and potholes can, in fact, appear out of nowhere, meaning the municipality or commercial enterprise can claim that this defect just occurred, and that they didn’t have enough time to address the issue.

Do you have a viable claim? Somerset’s Sabra & Aspden can help

Proving that a preexisting defect (that should have been remedied) caused your slip and fall can be a challenge. But it doesn’t have to be impossible. Through the use of thorough investigations, and by leveraging our expertise in state law, the personal injury lawyers at Sabra & Aspden effectively represent the rights of those injured through the actions and failures of others.

We encourage you to contact us today by calling 508-286-7122 (or by visiting our Somerset office at 1026 County Street) or to learn how we can help you determine the viability of your potential slip and fall claim.