A slip and fall accident can leave you with serious injuries and may interfere with your ability to earn a living. If you have been injured in a slip and fall accident, you might be able to recover monetary damages for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our trusted Massachusetts slip and fall attorneys are committed to aggressively protecting your rights and holding negligent property owners responsible.
The Holden Case
A Massachusetts Superior Court case recently discussed the accountability that can accompany the effects of snow, ice, rain and other adverse weather conditions. In Holden v. Wal-Mart Stores East, LP, the judge questioned the long established “transitory water doctrine,” which has often shielded property owners from liability. The courts stated that it was a question of fact whether a shop owner can be held responsible for a slip and fall resulting from water brought into the property by another customer’s boots on a rainy day.
In the case at hand, a customer entered a Wal-Mart store on a rainy day. Upon entering, the customer fell because of water accumulation on the tile floor due to water that had been tracked in by other customers. Specifically, she slipped between the door and a mat, which was located a few feet away. The woman sued Wal-Mart for her injuries. Wal-Mart moved for summary judgment, claiming that the transitory water doctrine barred the plaintiff’s claim.