Brockton Slip and Fall Lawyer

Slip and fall accidents account for thousands of emergency-room visits each year. The risk is ever-present in a historically industrial city like Brockton, home to busy retail corridors such as Westgate Mall, expanding logistics hubs off Route 24, and an aging stock of multifamily housing. A single misstep on a freshly mopped supermarket aisle or an icy apartment walkway can upend your health, income, and family life in seconds. At Jeffrey Glassman Injury Lawyers, our Brockton personal injury team has spent decades helping Brockton residents hold negligent property owners accountable and recover the compensation they need to move forward. This article explains how slip and fall claims work under Massachusetts law, what pitfalls to avoid, and why choosing the right legal team can make all the difference.

With its icy winters, rainy springs, and humid summers, Brockton's climate creates ideal conditions for slippery surfaces. Add heavy foot traffic in grocery stores, hospitals, and MBTA stations, and it is easy to see why slip, trip, and fall injuries remain among the city’s most common premises liability claims. Unlike a simple stumble, a legal “slip and fall” arises when a dangerous property condition exists and the person responsible for maintaining the premises fails to correct or warn about it.

Premises liability is the broader legal theory under which slip-and-fall cases fall. A property owner (or occupier, such as a tenant, management company, or government entity) owes a duty of “reasonable care” to lawful visitors, customers, tenants, delivery drivers, or guests. Breaching that duty opens the door to civil liability when someone is hurt.

• Wet or freshly waxed floors without warning signage
• Snow- and ice-covered sidewalks that are not treated or shoveled in a timely fashion
• Spilled food or drinks in supermarkets, food courts, or convenience stores
• Cracked pavement, potholes, or broken stair treads in parking lots and apartment complexes
• Loose electrical cords, curled rugs, or merchandise left in aisles
• Construction debris or missing handrails on renovation sites
• Poor lighting in stairwells, hallways, or parking garages

Each hazard carries its own evidentiary requirements. For example, a liquid spill in a supermarket usually demands proof that the spill was present long enough that employees should have discovered it. At the same time, a snow-and-ice case focuses on whether the landlord complied with local ordinances for snow removal.

Unlike some states that classify visitors as invitees or licensees, Massachusetts imposes a uniform standard of reasonable care for all lawful visitors after the landmark Mounsey v. Ellard decision. Property owners must keep the premises in a condition that safeguards foreseeable visitors from unreasonable risks of harm. Key doctrines include:

• Notice. Plaintiffs must show the owner created the hazard, knew about it, or should have known about it through reasonable inspections.
• Open and Obvious Doctrine. Owners may argue that a danger so obvious (e.g., a bright-yellow “wet floor” sign adjacent to a puddle) relieved them of a duty to warn. However, they may still be liable if the danger was unreasonably foreseeable despite being visible.
• Mode-of-Operation Rule. In self-service businesses, the plaintiff may bypass proving actual notice by showing the store’s regular operation made the risk foreseeable (for instance, produce customers handling grapes that often fall to the floor).
• Comparative Negligence. Massachusetts follows a modified comparative negligence rule; an injured person may recover damages only if their share of fault is 50 percent or less, and that percentage reduces any award.

A successful slip and fall claim must establish four elements:

• Duty. The owner owed you a duty of reasonable care.
• Breach. They breached that duty by failing to remove or warn about a dangerous condition.
• Causation. The hazard directly caused your injuries.
• Damages. You suffered calculable losses (medical bills, lost wages, pain and suffering).

Because property owners and their insurers often argue comparative negligence, “You should have watched where you were going”, collecting robust evidence is critical.

• Seek medical attention immediately; prompt treatment protects your health and documents your injuries.
• Report the incident to the property owner or manager and request a written report.
• Photograph the hazard, the surrounding area, and any visible injuries before conditions change.
• Collect witness names and contact information; surveillance videos are frequently overwritten within days.
• If slip-resistance testing is needed, preserve your footwear and clothing in an airtight container.
• Contact a Brockton slip and fall attorney at Jeffrey Glassman Injury Lawyers as soon as possible to secure evidence and communicate with insurers on your behalf.

For most Massachusetts personal injury claims, including slip and fall, you must file a lawsuit three years from the accident date.

Special rules apply when the defendant is a public entity (the City of Brockton, Massachusetts Department of Transportation, etc.):

• Massachusetts Tort Claims Act. You must serve a “presentment” letter on the appropriate executive officer within two years of the incident and wait at least six months before filing suit.
• Public-Way Ice Injuries. If your fall occurred on ice or snow on a public way, a 30-day written notice may be required.

Missing these deadlines almost always bars recovery, so do not delay speaking with counsel.

• Medical expenses (ER visits, surgery, physical therapy, prescription medications)
• Future medical costs for long-term complications or disability
• Lost wages and diminished earning capacity
• Pain and suffering, emotional distress, and loss of enjoyment of life
• Scarring or disfigurement
• Out-of-pocket expenses (transportation to medical appointments, home modifications)
• Loss of consortium for spouses in severe cases

In catastrophic cases, traumatic brain injury, spinal cord damage, complex fractures, and total compensation can reach six or seven figures. Properly documenting every category is essential to full recovery.

• Open and Obvious Hazard. Claiming the danger was so visible, no warning was necessary.
• Lack of Notice. Arguing that they had no reasonable opportunity to discover the hazard.
• Comparative Negligence. Alleging you were distracted (e.g., texting) or ignored posted warnings.
• Third-Party Responsibility. Blaming a subcontractor or maintenance company for creating the hazard.
• Weather-Related Exemption. Modern cases requiring reasonable snow removal efforts limit the use of the “natural accumulation” rule for snow and ice.

Experienced counsel can counter these defenses by preserving surveillance footage, maintenance logs, weather reports, and expert testimony.

• Decades of Local Experience. We know Plymouth County courts, mediators, and defense counsel tactics.
• Resources to Battle Big Insurers. Access to biomechanical engineers, safety experts, and accident reconstructionists strengthens your case.
• There is no fee unless we win. You pay nothing upfront; our fee is a percentage of the recovery.
• Client-Centered Communication. 24/7 phone and text updates so you are never left wondering about your case status.
• Comprehensive Medical Liaison. We coordinate with South Shore Hospital, Signature Healthcare, Brockton Hospital, and area specialists to document your injuries thoroughly.
• Proven Results. Multi-million-dollar settlements and verdicts in premises liability cases throughout Massachusetts (past results do not guarantee future outcomes).

If you or a loved one suffered injuries in a Brockton slip and fall accident, do not let mounting medical bills and lost wages add stress to an already painful situation. Jeffrey Glassman Injury Lawyers offers free, no-obligation consultations, and we advance all litigation costs. Call our Brockton office at (617) 777-7777 or fill out our online form, and let our dedicated team start fighting for the compensation you deserve.