Slip and fall accidents are one of the most common causes of personal injury. When a person is injured in a slip and fall accident at a business, the person may be able to recover compensation from the business owner for any harm the person suffered. To successfully prove the business owner should be held liable, however, the injured party must prove that a dangerous condition caused the fall, and the business owner knew or should have known of the condition. A Massachusetts appellate court recently analyzed what constitutes sufficient evidence to prove a business owner should have had notice of a dangerous condition in a slip and fall case. If you were recently injured in a slip and fall accident it is essential to retain a trusted Massachusetts personal injury attorney to represent you in your pursuit of damages from the business owner.
The Slip and Fall Accident
Allegedly, the plaintiff and her daughter stopped at a fast food restaurant on August 14, 2014. It was raining heavily that day, and the plaintiff and her daughter parked by the front entrance of the restaurant. The plaintiff was holding her daughter’s hand and entered the restaurant via the front door, walking in front of her daughter. As soon as she entered the restaurant, the plaintiff’s right leg flew forward, and she fell onto her left knee. She then noticed there was water everywhere and the water had pooled in a three to four-foot puddle on the floor. While there was a mat and yellow cone by the side entrance, the plaintiff stated that there were none by the front entrance.
It is reported that the plaintiff filed a negligence claim against the defendant restaurant. The case proceeded to a bench trial, during which the defendant filed a motion for involuntary dismissal pursuant to Mass. R. Civ. P. 41(b)(2) which the court denied. The court ultimately found in favor of the plaintiff, after which the defendant appealed. On appeal, the defendant did not dispute that the plaintiff suffered injuries but argued that as the plaintiff did not produce evidence as to how long the water had been on the floor, she failed to establish that the defendant should have known of the water.