Plymouth’s compact historic downtown, thriving waterfront, and busy retail corridors draw thousands of pedestrians every day. The same cobblestones, brick walkways, and harborside boardwalks that lend the town its charm can become treacherous when rain pools, leaves decay, or overnight temperatures drop below freezing. State injury surveillance shows falls are a leading source of serious harm in Massachusetts; 69 residents died from fall-related incidents in 2020 alone, even after an overall dip in workplace activity during the pandemic.
Older adults are at particular risk. Massachusetts health data reveal that people 85 and over sustain fatal fall injuries at a rate of 268 per 100,000, by far the highest of any age group, underscoring why Plymouth’s sizeable senior population needs vigilant property maintenance.
Massachusetts Premises Liability in Plain EnglishUnder common-law principles adopted by the Commonwealth, every property owner or manager owes a duty of reasonable care to lawful visitors. Whether you are an invited customer at Colony Place, a tourist at Plimoth Patuxet Museums, or a utility worker reading a meter, the standard is the same: hazards that the owner knew or should have known about must be fixed, cordoned off, or clearly warned against.
Negligence arises when four elements align:
A slip on a freshly mopped supermarket aisle with no signage, a stairwell handrail that gives way, or black ice left untreated outside a Main Street café can all satisfy these requirements when supported by evidence.
Common Plymouth Slip-And-Fall ScenariosEach scenario triggers different inspection schedules, documentation requirements, and insurance carriers, complexities best tackled by counsel familiar with local ordinances and industry safety codes.
Massachusetts’ 51 Percent Modified Comparative Negligence RuleEven when a hazard exists, defendants will try to shift blame onto the victim: improper footwear, distracted walking, or ignoring posted warnings. Massachusetts follows a modified comparative negligence framework codified at G.L. c. 231 § 85. An injured person can recover so long as their share of fault does not reach 51 percent, but the award will be reduced by their percentage of responsibility.
Skilled lawyers counter these arguments by collecting surveillance footage, incident reports, and expert biomechanical analyses that pinpoint precisely why a fall occurred.
Time Is Not on Your Side: Statutes and Notice DeadlinesFor most slip-and-fall claims, Massachusetts sets a three-year statute of limitations from the date of injury.
Shorter notice windows apply when public entities are involved. Claims against the Town of Plymouth or the Massachusetts Department of Conservation and Recreation require written notice, often within 30 days, outlining the location, cause, and circumstances. Missing these procedural steps can bar recovery even when liability is clear.
Snow, Ice, and the End of the “Natural Accumulation” DefenseFor decades, property owners argued they were immune when someone slipped on “naturally” accumulated snow or ice. That changed in 2010 when the Massachusetts Supreme Judicial Court’s Papadopoulos v. Target Corp. decision aligned winter conditions with every other hazard: owners must act reasonably under the circumstances.
In practical terms, businesses on Court Street must shovel, sand, and salt within a reasonable time after precipitation stops, and document those efforts. Failure to do so provides powerful evidence of negligence.
Building a Persuasive Claim: Evidence That MattersOur firm issues preservation letters under G.L. c. 93A to prevent loss or deletion of critical digital evidence such as CCTV footage.
Damages Available Under Massachusetts LawVictims may recover:
When falls happen on the job, third-party premises claims can supplement workers’ compensation benefits, providing full wage replacement and damages for noneconomic harm.
Practical Steps After a Slip and Fall in PlymouthFor more than two decades, Jeffrey Glassman Injury Lawyers has championed Plymouth County clients injured by unsafe premises. Our method emphasizes:
We operate on a contingency-fee basis: you pay nothing unless we win.
Frequently Asked QuestionsCan I Sue if I Slipped on Government Property?Yes, but you must satisfy the Massachusetts Tort Claims Act’s notice and presentment rules. Swift legal action is critical.
Do I Still Have a Case if I Was Partially at Fault?Possibly. As long as your fault does not exceed 50 percent, you can recover a proportionate share of damages.
What if Insurance Adjusters Say I “Should Have Been More Careful”?Do not accept quick blame-shifting tactics. Comparative negligence is a nuanced legal question best resolved with expert testimony and a thorough investigation.
Choosing the Right Plymouth Slip-And-Fall LawyerLook for a counsel who:
At Jeffrey Glassman Injury Lawyers, we meet or exceed each criterion, pairing metropolitan resources with the personal service of a neighborhood practice.
Take the Next Step Toward RecoveryA fall can upend your health, finances, and independence. The sooner you secure experienced legal representation, the better your chances of preserving evidence, meeting statutory deadlines, and maximizing compensation.
Schedule a free consultation with Jeffrey Glassman Injury Lawyers today. Our team stands ready to investigate your case, explain your rights, and pursue full accountability from negligent property owners so you can focus on healing and moving forward.