Slip & Fall Injury Lawyer Serving Berkshire County, MA
Experienced Slip and Fall Attorney in Great Barrington, Fighting for Your Rights. Get the Compensation You Deserve. No Win, No Fee. Call (413) 429-6400 for a FREE Consultation.
It may come as a surprise that the second leading cause of unintentional injury-related deaths is falls. In the US, more than 6.9 million people were treated in emergency rooms for fall related injuries in 2021. That translates into approximately 100,000 slip, trip and fall accidents here in Massachusetts! Falls are the top preventable injury according to the National Safety Council…and yet we keep filing slip, trip and fall injury claims. Personal Injury attorney Scott Sanes sees this all the time.
Have you experienced a slip and fall accident here in Berkshire County, Massachusetts?
- Perhaps you had a slip, trip or fall at a store because of uneven flooring;
- Experienced a slip and fall at a grocery store because of produce on the floor and no slip resistant mats;
- Had a slip and fall on a sidewalk on a retailer’s property because of snow or ice;
- Had a slip and fall on gravel in a parking lot at a restaurant;
- Slip and fall at restaurant where unattended restrooms had leaks onto the tile floor;
- Slip and fall in darkened movie theater where the aisles were littered with abandoned wrappers;
- Or even a fall at someone’s house and now find it necessary to file a slip and fall claim against a homeowner.
If you’ve experienced any of the above, you may need a slip and fall injury lawyer’s help.
A fall because of a retailer’s or other property owner’s negligence is shocking and can be embarrassing…and much worse. You pay these Massachusetts retailers for their goods and services, and, in return, they are obligated to keep their property safe or they must compensate their customers if they don’t. If you’ve suffered an injury due to their negligence, you are entitled to compensation. For example, if you have fallen and hit your head, you may be able to receive a slip and fall concussion settlement! But you must work with an experienced personal injury attorney.
Your Mom probably told you as a child to “watch where you are going!” A store, apartment complex or homeowner will say the same thing: that your slip, trip or fall was your fault or that they were not aware of the situation. It’s Scott Sanes’ job and passion to make sure retailers are held accountable and that you receive slip and fall compensation.
Even if your accident was a week, a month ago or a year ago, you may still be able to file a lawsuit. For example, soft tissue injuries take time to reveal their full impact on your ability to work, do activities of daily living, and more. It’s important that you consult with an experienced personal injury lawyer so that they can make sure you get the treatment and compensation you deserve.
Scott Sanes has won tens of millions of dollars for hundreds of injured individuals in his 40+ year career in Houston, Texas and Great Barrington, Massachusetts because of his commitment to getting clients the highest compensation they are entitled to. Scott is not only a personal injury lawyer; he’s an experienced Massachusetts slip and fall attorney.
You deserve to be compensated for the damage you have suffered. Call the Law Offices of Scott A. Sanes at (413) 429-6400 now for a FREE Consultation. No win, no fee.
Common Causes of Slip and Fall Accidents Massachusetts
Berkshire County is beautiful all four seasons; unfortunately, trip, slip & fall accidents can happen any time of the year (read the list below!). Winter in the Berkshires, however, presents some very specific dangers, such as snow and ice accumulation on sidewalks, steps, and other walking areas, like parking lots, that are not cleared adequately by retailers, homeowners and apartment complexes. Once the owner of a store or home presents the appearance that their walkways are safe, they have to make certain that ice has not collected under a fresh snow, treads are placed on steps and slip resistant mats are placed where wet walkways present a hazard.
Here’s a list of common causes of slip & fall accidents in Massachusetts:
- Wet or slippery floors because of spilled food, drinks, water leaks or mopping/waxing
- Debris or trash on the floor
- Torn, raised, or worn carpeting
- Defects in pavement
- Holes and depressions in the ground
- Snow and ice accumulation on sidewalks, steps and parking lots
- Uneven floors or surfaces
- Inadequate lighting in walking areas
- Stray electrical cords and wires
- Broken railings
- Unsafe ladders and stairs
- Staircases with treads that do not comply with the building code
- Lack of proper elevator or escalator maintenance
- Poor lighting inside or outside a retail location
The five most common slip and fall accidents that we see at the Law Offices of Scott A. Sanes in Great Barrington, Massachusetts are 1) wet floors; 2) uneven surfaces; 3) trash or produce on the floor; 4) poor lighting; and 5) failure to have slip resistant mats or treads on steps.
If a property owner such as a retailer, homeowner or apartment complex know about the hazard or SHOULD HAVE KNOWN about the hazard, they may be liable for your slip and fall injury and you may be able to receive fall accident compensation.
Common Injuries from Slip and Fall Accidents in Retail Stores
Some retail slip and fall accidents cause only minor cuts and bruising, perhaps you hit your hand on a Sale! sign that had sharp corners and was jutting out into the aisle. Other accidents can result in serious injuries that can have lasting — even permanent — effects. One recent client in Great Barrington, MA slipped and fell on a short-term rental wooden walkway covered with old pine needles causing an ankle fracture that caused disfigurement. We’ve seen every type of slip, trip & fall accident. In the video below, Scott talks about accident situations in retail stores that he’s seen over the past 40 years.
When you’re in an accident, be aware of these symptoms: pain; swelling; bruising; stiffness; headaches; numbness or tingling. If you are experiencing any of these symptoms after a slip and fall accident, seek medical help immediately. It’s vital that you don’t delay treatment, which can lead to complications and further injury.
Here are some common injuries due to retailer neglect:
- Broken bones
- Head injuries/concussions
- Soft tissue injuries to the neck and back injuries
- Herniated discs in the neck and back
- Hip fractures
- Spinal cord injuries
- Torn ligaments in the knee
- Torn Rotator Cuffs
- Dislocated shoulder
- Fractured ankles
- Fractured wrists
- Psychological trauma
What to Do After a Slip and Fall Accident in Berkshire County, MA
When someone is injured, it’s hard to think clearly to know what steps should be taken for immediate health and safety…and then to remember the details of the incident for documentation. These details are vital to formulate a slip and fall claim that will result in top compensation.
Here are the steps you need to take after a slip, trip and fall Berkshire County, MA:
- Check yourself for injuries. Before you move, perform a visual inspection for any sign of injury. Listen to your body! Do you feel pain, tingling or numbness, inability to move? Don’t get to your feet immediately. Ignoring symptoms can result in further injury.
- Call 911 or seek immediate medical attention. Whether you are seriously injured or feel uncomfortable in any way, get professional medical treatment. Paramedics and other professionals can assess your injuries and triage whether or not you need more serious help, such as being brought to an emergency room. While proving negligence is vital for a trip, slip & fall case, your well-being is the top priority. And only then should you find an experienced personal injury attorney.
- Document the Accident Location. If you are well enough to move on your own, look around you and note the surrounding vicinity and then pull out your smart phone and take photos of where the accident occurred. A retailer or homeowner may try to “clean up” the accident area and your photos are proof of their negligence. You may also make note if there are security cameras that may have taken footage of your fall.
- Witnesses? Gather names and contact information. These individuals can be an important piece in your slip and fall accident case.
- Report the Slip and Fall Accident. Most commercial businesses, property management companies, and landlords will have some sort of procedure in place for reporting accidents. If you are asked to fill out an accident report, do so. This is an official record that can be used in your slip and fall claim.
- Don’t Discuss Your Case with the Retailer’s Insurance Company. An insurance adjuster for the commercial business will reach out to you as soon as they can. They don’t care about your well-being; their job is to settle the claim for less than it is worth or even absolve the property owner of any fault. To be safe, don’t discuss your fall with anyone other than your medical providers and your legal representation.
- Consult with a Slip and Fall Lawyer. After all the above steps, find a slip & fall injury lawyer serving Berkshire County, MA. A first consultation meeting with a personal injury attorney should be free of charge. Property owners will dispute their liability in your accident and insurance companies will do whatever they can to pay you as little as possible. Consult an attorney immediately. (Most personal injury cases in Massachusetts have a statute of limitations of three years of the date of the alleged negligence.)
Contact the Law Offices of Scott A. Sanes. Call (413) 429-6400 now for a FREE Consultation. No win, no fee.
What Damages You Can Receive for Your Slip and Fall Accident
If you fall on someone’s property, you may be able to gain compensation by filing a slip & fall lawsuit. Of course, not tumble will result in a claim. With an experienced slip and fall accident lawyer in Berkshire County, MA, you must demonstrate the retailer or other property owner should be held accountable. We have to prove negligence. And when we prove negligence, you will receive damages, the remedy that a claimant requests the court to award to try to make the harmed party whole. Damage awards are in the form of monetary compensation: this can include compensation for loss of wages, medical bills, and more.
Here’s a list of damages you can receive for your slip & fall accident:
- Present and future medical expenses related to the accident
- Medical devices such as a wheelchair or walker
- Prescription or over-the-counter drugs
- Lost wages and future lost wages
- Physical pain
- Emotional suffering
- Impairment of the ability to enjoy life and activities
- Disfigurement caused by lacerations or surgery scars
How Our Slip and Fall Attorney in Great Barrington Can Help
How does a slip and fall injury attorney in Great Barrington, MA help you when you’ve had an accident? Great question!
Here’s a quick list:
- Provide a free consultation — no personal injury attorney should charge a fee for this.
- Make themselves available to you. Scott Sanes is available to his clients at any time via email or text. (Hopefully not in the middle of the night!).
- Conduct a thorough investigation of the accident scene.
- Gather evidence (photos, store camera footage, witness statements, medical bills, receipts, etc.).
- Build a strong case for liability on the negligent party that caused your injury.
- Hire specialized professionals to conduct research and testify, as necessary.
- Represent you in court, if necessary. 99% of injury claims are settled before going to trial. Many cases are resolved after relevant documents are exchanged, at a mediation or even on the courthouse steps.
Trip, Slip & Fall Consultations Are Free
Initial consultations for all personal injury claims are free. A contingent fee (percentage of the result) is charged by Scott at THE END of the case when you recover by settlement or jury verdict. You don’t pay anything unless a recovery is achieved. The Law Offices of Scott A. Sanes covers all of the expenses of litigation unless and until a settlement is approved. You and Scott will agree upon a percentage when you meet with him. You will only pay to him out of the settlement at the end of the case.
The sooner you retain a lawyer, the better chance to protect your right of recovery. Contact the Law Offices of Scott A. Sanes. Call (413) 429-6400 now for a FREE Consultation. No win, no fee.
Why Choose Our Slip and Fall Law Firm?
Why should you choose the Law Offices of Scott A. Sanes as your slip and fall lawyers?
- Proven track record of success in Massachusetts slip and fall cases against retailers
- Over 40+ years of experience in slip and fall cases
- Deep understanding of Massachusetts premises liability laws
- Personalized attention and dedicated legal support — Attorney Scott Sanes will always respond to your calls and emails within 24 hours. When you have concerns and questions, Scott is there for you.
- No upfront fees — you only pay when we win.
Scott Sanes has helped hundreds of individuals who have suffered injuries through no fault of their own to navigate the very complicated law system. Scott understands what you are going through because he has been a personal injury attorney working with trip, slip and fall victims for his entire career.
Client Testimonials and Success Stories
Client Testimonials
“Are you an injury victim and need a lawyer? Scott Sanes is the man to go to. He guided me through my whole process. I went into everything positive due to him always staying positive and meeting all my needs. He is the man to go to, no doubt about it. — Reigan Fontenette
“Scott handled my injury claim from start to finish before a jury was selected. He was available 24/7 by answering all my emails immediately and keeping me posted throughout the process. Scott is empathetic and aggressively prosecuted my claim with a great result. He took total charge and did all the legal work and never pushed me off on an inexperienced associate. I recommend him with no reservation for any injury claim or lawsuit.” — Thomas Brown
“Scott negotiated a settlement for me. I appreciated the terms of the settlement. Although I hope to never go through such an ordeal as a shattered elbow again, if such were to befall me, I’d call Scott right away.” — Laurie Epstein
“I would highly recommend Scott Sanes for any legal issues including injuries. He was patient explained every detail & always reachable. No hesitation to use him again for any legal problems.” — Alberta Gerschel, Slip and Fall Injury Client
Success Stories
Slip and Fall on a Short-term Rental Wooden Walkway. One autumn my client and her family rented a beautiful lake house with a long wooden walkway that led down to the water. As expected, the walkway was covered with leaves and pine needles, but what was not expected is that it had not been cleaned in many months and slippery green algae had developed under those leaves. Our client slipped and fell suffering a serious fracture to her ankle. When you rent a property from someone who makes money from your visit (such as Airbnb, Vrbo, or other rental company or individual), the owner has an obligation to keep you safe from unreasonably dangerous conditions. Ultimately, the homeowner’s insurance paid $225,000 to compensate my client for her pain, impairment, disfigurement, and medical expense.
Winter Slip and Fall in the Berkshires. Inclement weather can cause hazardous conditions. Rain, ice, snow, wind all play a part in creating slippery conditions, but when you are a guest or patron of an establishment that earns a profit by providing you a safe place to shop or visit, they must keep it free from anticipated hazards. The Law Offices of Scott A. Sanes recently represented several individuals who slipped on ice: one suffered an ankle fracture; one suffered a wrist fracture; and the other suffered a torn ligament. On the first occasion, Client 1 slipped & fell on an icy walkway while returning rented ski boots at a ski resort, Client 2 slipped and fell on icy steps leading to a real estate agency, and Client 3 slipped and fell on slick steps that led up to the entrance of a restaurant. In all three lawsuits, the insurance companies took the position that they can’t be responsible for ice in the winter and that the icy conditions were “open and obvious.” The insurance companies offered no compensation these clients until we litigated and found out that in all three instances, the defendants knew about the ice could build up on the walking surface and either took inadequate precautions or made no effort whatsoever to make certain the ice did not build up. In two of the cases, the ice was obscured by snowfall, and on the third the lighting was poor, so the “open and obvious” defense did not apply. We were able to resolve these claims with the insurance companies ultimately paying $50,000–$150,000 to compensate my injured clients.
Statute of Limitations for Massachusetts Slip and Fall Accidents
Do you know that in all states, property owners must make a reasonable effort to maintain a safe environment for visitors? A slip & fall lawsuit can be filed if they are negligent and cause a visitor to trip, slip and fall on their property. A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity’s property.
BUT what if you fell a week, a month or a year ago and are just realizing the significance of your injury? The good news is that the statute of limitations for personal injury claims here in Massachusetts is three years. You must file a personal injury lawsuit within three years of the date of the alleged negligence in almost all cases. But there are certain notice requirements that require you to respond quicker. For example, the state or town or city, may have requirements that require you to give them notice a lot quicker than three years. It’s important for you to get a qualified personal injury attorney to represent you as quickly as possible.
Contact a Massachusetts Slip & Fall Attorney today
The sooner you retain a Berkshire County, Massachusetts slip & fall attorney, the better chance you have to protect your right of recovery. Contact the Law Offices of Scott A. Sanes today for a free consultation. Call (413) 429-6400 or email. No win, no fee.
Slip and Fall Accident Frequently Asked Questions (FAQs)
Why is it important to hire a personal injury attorney as soon as possible after a slip or trip at a retail store?
Falls are always sudden and always shocking, and usually a bit embarrassing, to someone who trips or slips in a retail store. Although shocking to you, it’s just another day for Wal Mart, Target or any of the grocery chains. These retailers routinely have a team of investigators and lawyers that are immediately investigating the fall to defend their negligent insured’s and to mitigate your damages. You need a lawyer, experienced in personal injury claims, to counter the advantage the retail stores and their insurance companies already have and to handle the legal matters so you can concentrate on your recovery.
How do I pay an attorney to represent me in a slip or trip and fall claim if I am hurt?
Personal Injury lawyers are paid on a contingent fee. You don’t pay if you don’t recover. If you had to pay $350–$500/hour for attorney time like when clients need a real estate, criminal, divorce or probate lawyer, the insurance companies would just drag the claim out and the cost would prevent you from recovering your damages. That’s why the law allows attorneys to accept a percentage of the recovery to compensate them for their work rather than an hourly rate.
What does it mean to hire a “board certified attorney” to represent me in a slip or trip and fall?
I practice full-time in Berkshire County, Massachusetts, which does not have a “board certified attorney” status. I also have a practice in Texas. The Texas Board of Legal Specialists certifies specialties in various areas of law. It requires the certified lawyers to practice a large percentage of their practice in the specialty area, take additional legal education courses and to pass a test. Recertification is every 5 years. Scott has been a Board Certified Personal Injury Trial Attorney since 1988 with 100% of this practice devoted to advocating solely for personal injury victims for his entire practice.
Can an attorney arrange for me to see a doctor after a slip or trip and fall if I don’t have insurance?
Unfortunately, too many people do not have health insurance. If you need treatment for an injury caused when you were caused to slip or trip and fall by a negligent retailer or homeowner, a personal injury attorney can refer you to qualified physicians such as orthopedics, neurologist and pain specialists, who accept “letters of protection” and will treat you without payment up front. With your Lawyer’s guarantee, the doctors and therapists will wait and accept payment from the attorney once your case settles.
How do I prove a retailer, restaurant, hotel, grocery chain or homeowner is negligent in causing me to slip or trip and fall?
The insurance company for the negligent retailer and other owners of property is trying to prove it is not the fault of their insured from the moment they are notified of your fall. Whether the negligent property owner caused your fall by having a dangerous activity or hazardous condition, an immediate investigation is needed to prove the property owner is at fault. This includes review of the incident report prepared by retailer, photos and video of the scene, statements of witnesses and the use of experts trained in accident reconstruction and the assessment of what makes a condition “unreasonably dangerous”. Your personal injury attorney will used all of these to prosecute your claim to prove that the property owner knew or should have known that a condition or activity was more dangerous than you, as a customer or invited guest, would have expected.
If an insurance company or investigator for the property owner calls me after my fall, should I talk to them?
For years you have heard TV characters say “anything you say, can and will be used against you in a court of law.” That is true of anything you say to an insurance carrier or accident investigator hired by a retailer. A trained personal injury lawyer will do all of the talking for you. Once hired, you simply refer to your attorney rather than say something that can be used against you later.
What are the typical defenses that a retailer or property owner has if I slip or trip and fall on their property and am hurt?
Retailers will try to say the condition that caused your fall wasn’t dangerous and, if it was dangerous, you should have seen it and avoided it because it was “open and obvious.” Of course, you were likely looking at all the beautiful signs, products on shelves or finding the exit door when you fell, but the retailer will always say that if they should have cleaned up or modified the condition, you should have seen it too. An experienced personal injury attorney knows that if you are more than 50% at fault for your fall, then you cannot recover and your lawyer will work to make certain it is clear that the retailer had the opportunity to make the condition or activity safe for their customers. The other defense is simply that the retailer was not aware of the condition. Once again, it will be your lawyer’s challenge to prove that the retailer or property owner knew, or should have known, the condition or activity was endangering the customers that they invited to their store.
If I didn’t go to the ER or start to hurt until several days after a slip or trip and fall, can I still make a claim?
Soft tissue injuries many times take a while to start to cause problems. If you don’t break a bone, but instead tear a tendon or ligament, swelling make take a day or even a week before it impacts your nerves and causes pain. Injuries such as bulging or herniated discs in your neck or back can be progressive and get worse with time. Many times our inclination is to wait and see if time heals. When it doesn’t heal, you need to consult with an experienced personal injury lawyer so that he can make sure you get the treatment and compensation you deserve.
If I had previous problems with my neck and back, can I make a claim if a slip or trip and fall aggravated previous conditions?
If a retail employee negligently drives his forklift into a crate of eggs, causing the eggs to break, it would not be fair for the retailer to say “the crate should have contained rocks.” The same is true if you have previously existing conditions or are susceptible to injury because of your advanced age. The negligent retailer is not only responsible for the injury to your body, but is also responsible for the aggravation, acceleration or incitement of any previously existing condition.
What types of damages can I claim from a slip or trip and fall?
In slip or trip and fall claims the negligent retailer or property owner and their insurance carrier are responsible to compensate you for your physical pain, mental anguish, impairment and disfigurement in the past, as well as any of these elements of damage into the future. They are also responsible for your economic damages such as medical bills and loss of earning and capacity to earn in the past or future.
