Under Massachusetts law, individuals who suffer a fall on another’s property may be entitled to compensation for the injuries they sustained. However, Massachusetts slip and fall lawsuits are rarely as straightforward as they may seem. Plaintiffs in these cases must meet their evidentiary burden to recover against the negligent property owner.
Generally, plaintiffs possess the burden of proof in Massachusetts personal injury cases, and defendants do not need to prove that they are not liable for the victim’s injuries. Massachusetts premises liability law provides that property owners have a duty to maintain their premises in a reasonably safe condition for lawful visitors. As a threshold requirement, plaintiffs who want to recover against a property owner must be able to establish negligence. Slip and fall plaintiffs must be able to show that the property owner owed the visitor a duty of care, they breached that duty, and that breach caused the victim an injury.
Massachusetts slip and fall plaintiffs must be able to prove by a “preponderance of the evidence” that the property owner violated their duty based on the general public’s views regarding acceptable behavior. Premises liability cases often vary depending on the type of property, visitor, and accident. However, regardless of the circumstances, most plaintiffs face challenges when trying to prove that the property owner did not take “reasonable” steps to keep their condition in “reasonably” safe condition. Issues often arise because reasonableness can be subjective, and the existence of a duty to act reasonably does not necessarily amount to negligence. Further, the law does not impose a burden on landowners to maintain their property in a way that ensures absolute safety for unforeseeable events.