The success of slip and fall cases in Massachusetts hinge on the element of "notice." Property owners in Massachusetts are required to keep their property in a reasonably safe condition free from defects. These owners must take reasonable measures to insure their property is safe for those lawfully on the property. In order to establish negligence on the part of a property owner, you need to show the owner had notice of the dangerous defect that caused your slip and fall injuries.
Notice can be established in one of three ways. First, you can try to show the owner created the dangerous condition which led to your slip and fall accident. Second, perhaps you can show the owner knew of the dangerous defect but failed to take reasonable steps to remedy it. Third and finally, the element of notice can be satisfied by showing the owner should have known of the dangerous condition, but failed to recognize it and correct it.
As you know from reading this blog, slip and falls, as well as trip and fall cases are tough to win in Massachusetts. But, if you can establish the element of notice - in one of the three above-mentioned ways - then negligence on the part of the property owner may be established.
A client slipped and fell on a wet mopped floor that had not been signposted. She has been off work for a week now, but it honestly had not ocurred to her that she might have a case under UK law until a friend mentioned it.
There was no warning sign or barrier for the mopped area; in Massachusets, would this constitute a lack of notice?
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