Under Massachusetts law, property owners owe a duty to anyone that legally enters the property to maintain the property in a safe condition. When a property owner fails to comply with its duty and allows foreign objects to remain on the floor, it may cause a slip and fall accident. The Appeals Court of Massachusetts recently analyzed what evidence a person injured in a slip and fall accident caused by debris must produce to prove the property owner had constructive notice of the condition, in a case in which the plaintiff reportedly fell due to gum on a stairway. If you were injured in a slip and fall accident in Massachusetts you should meet with a proficient Massachusetts personal injury attorney to discuss what evidence you need to prove liability for your harm.
Facts of the Case
Reportedly, the plaintiff suffered injuries when she stepped on chewing gum and fell down a flight of stairs in the defendant’s building. She described the gum, which was stuck to the bottom of her shoe, as gray, black, and dirty. She subsequently filed a lawsuit against the defendant, alleging the defendant negligently failed to clean, inspect, and maintain the stairway. The defendant filed a motion for summary judgment, which the court granted. The plaintiff then appealed.
Constructive Notice Under Massachusetts Law
Under Massachusetts law, it is well established that a property owner is liable for injuries sustained on its property if the property owner knew or should know of conditions on the property that create an unreasonable risk of harm, and that invitees will either not discover the condition, but fails to protect invitees from the condition despite this knowledge. In cases involving slip and falls, the first element is met if the property owner caused the foreign substance to be on the floor, had actual knowledge of its presence, or if the substance had been on the floor so long that the property owner should have constructive notice of its existence.
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