Who is responsible when I slip and fall on someone else's property?

Usually the person or company that owns or controls the property, like a store, landlord, property manager, or business. In Massachusetts, they're responsible if they knew, or should have known, about the hazard and didn't fix it or warn people in time.

Who can be responsible

• The property owner.
• A business that rents and runs the space, like a store or restaurant in a plaza.
• A property management company hired to maintain the building.
• A landlord, for stairways, hallways, and other common areas. See I fell in my apartment building. Can I make a claim against my landlord?
• A cleaning or snow removal contractor that did the job badly or skipped it.

More than one of these can share responsibility for the same fall.

The key question: did they know?

Most slip and fall cases turn on notice. Either the owner actually knew about the hazard (someone reported it, or an employee caused it), or it was there long enough that a reasonable owner would have found it. Inspection logs, cleaning schedules, and earlier complaints about the same spot are often what prove it.

Stores and the "mode of operation" rule

In self-service stores, Massachusetts courts recognize that some hazards come from the way the store is run, like loose grapes in the produce aisle or water near an ice machine or a floor cleaner. When the store should expect that kind of hazard, you may not need to prove how long the specific spill was on the floor.

What if the store says there's no video?

Security cameras often record over themselves within days, so a lawyer will send a letter right away demanding that footage be saved. And "no video" doesn't end a case. Witnesses, your photos, the incident report, cleaning records, and the employees on shift can all show what happened.

Common mistakes to avoid

• Giving a recorded statement to the owner's insurance company. Read what to know before talking to the insurance company.
• Leaving without reporting the fall.
• Throwing away the shoes you were wearing.
• Waiting weeks to get advice, while video and records disappear.

Get a Free Consultation

Not sure who is responsible for your fall? Call Attorney Daniel A. Pava at 413-781-8700. The review is free, and we can send preservation letters before the evidence is gone. More on our Springfield slip and fall lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103