Hyannis Slip and Fall Lawyers

Hyannis is the commercial heart of Cape Cod, home to Barnstable Municipal Airport, the Steamship Authority docks, and a bustling Main Street lined with restaurants, boutiques, and hotels. The constant flow of residents, tourists, and delivery traffic makes slip-and-fall hazards an everyday reality: wet ferry ramps, icy brick sidewalks, spilled sunscreen in gift shops, and construction debris from year-round redevelopment projects. When a fall results in serious injury, victims need counsel who understands both the nuances of Massachusetts premises liability law and the local landscape of Barnstable County courts, inspectors, and insurers.

Jeffrey Glassman Injury Lawyers has represented injured Cape Cod visitors and residents for more than two decades. Our firm’s trial lawyers regularly appear in Barnstable District Court in Barnstable Village and in the Barnstable Superior Court in Hyannis, giving us firsthand knowledge of local court procedures, jury pools, and defendants’ litigation tactics.

Massachusetts imposes a three-year deadline to file most personal injury claims, including slip-and-fall actions. The clock typically starts on the date of the fall, though tolling may apply for minors or latent injuries. Missing this deadline almost always bars recovery.

Even if you were partly at fault, perhaps you missed a “Caution: Wet Floor” placard, Massachusetts allows recovery so long as your share of negligence is not greater than that of the defendant(s). Any award is reduced in proportion to your percentage of fault.

In Papadopoulos v. Target Corp. (2010), the Supreme Judicial Court abolished the old “natural vs. unnatural accumulation” rule. Property owners must now use reasonable care to remove or treat snow and ice, regardless of how it formed. This ruling dramatically improved prospects for winter-weather claims on the Cape, where January storms are often followed by freeze-thaw cycles that create black ice in parking lots and on brick walkways.

Under Sheehan v. Roche Bros. Supermarkets, Inc. (2007), plaintiffs need not prove that a business had actual or constructive notice of a dangerous condition if the hazard was reasonably foreseeable from the enterprise’s self-service “mode of operation”, think grapes on a grocery floor or spilled soda at a fast-food drink station. The burden shifts to the defendant to show it took adequate precautions.

• Winter Snow & Ice: Town plows can leave berms that melt and refreeze overnight, violating local snow-removal ordinances that prohibit depositing snow onto sidewalks and require timely clearing of pedestrian ways.
• Retail Spills and Debris: Self-service displays along Main Street or in Hyannis’s big-box stores generate grape-skin slicks, broken seashell souvenirs, and sunscreen puddles.
• Maritime and Tourist Facilities: Ferry boarding ramps accumulate algae and sea spray; hotel pool decks collect puddles from dripping swimsuits.
• Construction Zones: The year-round expansion of Hyannis Harbor and Route 28 streetscapes means loose gravel, uneven pavement patches, and misplaced traffic plates.
• Workplace Slip Hazards: The Massachusetts Department of Public Health reports tens of thousands of nonfatal workplace injuries annually, many from falls on the same level.

To prevail, our attorneys must establish:

• Duty of Care: The defendant controlled or had responsibility for the property.
• Breach: The owner failed to maintain reasonably safe conditions or warn of hazards.
  • Evidence may include custodial schedules, surveillance footage, weather data, or Building Department citations.
• Causation: The unsafe condition directly caused the fall and resulting injuries, supported by medical records and expert biomechanics.
• Damages: Documented economic and non-economic losses.

The “mode-of-operation” and Papadopoulos doctrines often substitute for direct proof of notice, giving Cape plaintiffs a powerful evidentiary advantage.

Consider a shopper who slips on melted slush at the entryway of a Hyannis supermarket. A jury finds $100,000 in damages but assigns 20 percent fault to the shopper for wearing worn-out flip-flops. The net award becomes $80,000. If the plaintiff were 51 percent or more at fault, recovery would be barred.

• Medical expenses: ER visits to Cape Cod Hospital, orthopedic surgery, physical therapy, and future care.
• Lost wages and diminished earning capacity: Particularly common among hospitality workers who rely on tips and seasonal overtime.
• Assistive-device and home-modification costs: Stair-lifts, grab bars, or wheelchair ramps.
• Pain, suffering, and loss of enjoyment of life: Traumatic brain injuries and vertebral fractures often limit recreation, impacting Cape residents’ ability to sail, bike, or garden.
• Loss of consortium: Spouses may claim compensation for altered relationships.
• Punitive damages: Rare in Massachusetts; generally reserved for wrongful-death claims involving gross negligence or willful misconduct.

1. Seek Medical Care: A prompt evaluation not only safeguards health but creates a contemporaneous record linking injuries to the fall.
2. Report the Incident: Notify store management, security, or the property owner; request a copy of any internal accident form.
3. Preserve Evidence: Photograph the hazard and your injuries, secure witness contact information, and keep footwear and clothing unwashed.
4. Follow All Treatment Plans: Missed appointments can invite insurers to argue that injuries are minor or unrelated.
5. Consult Legal Counsel Quickly: Early attorney involvement ensures preservation letters to prevent destruction of surveillance footage and facilitates expert scene inspections before conditions change.

• On-Site Investigations: We dispatch investigators within 24 hours to photograph lighting conditions, measure tread depth, and map drainage patterns.
• Meteorological Analysis: Certified weather data establishes when snow ended and whether the owner had a reasonable window to clear ice.
• Human-Factors and Biomechanical Experts: These specialists recreate fall dynamics and demonstrate how a defect, not clumsiness, caused the injury.
• Digital Discovery: Subpoenas secure maintenance logs, employee training records, and incident-report databases.
• Negotiation and Litigation: Our attorneys prepare every case for trial, which encourages insurers to extend fair settlements. When negotiation fails, we file suit in Barnstable County, often in District Court for claims under $50,000 or Superior Court for higher damages, securing local juries familiar with Cape weather and tourism patterns.

Three years from the date of injury in most cases. Delays can forfeit your claim.

Papadopoulos requires property owners to treat snow and ice with reasonable care, making winter claims viable even for so-called “natural” accumulations.

Yes, unless your share of negligence exceeds 50 percent. Damages are reduced by your percentage of fault.

Under Sheehan’s mode-of-operation rule, self-service businesses may be liable without specific notice if the hazard was foreseeable from their layout or procedures.

Values vary based on medical costs, lost income, permanence of injury, and liability strength. Our attorneys analyze verdict trends and medical economics before advising on settlement.

If you or a loved one was injured in a fall on Cape Cod, reach out to Jeffrey Glassman Injury Lawyers for a free, no-obligation consultation. Our attorneys combine statewide courtroom experience with local insight into Barnstable County juries and property-maintenance norms. Call (617) 777-7777 or complete our secure online form to schedule an appointment, virtually, in our Boston headquarters, or at a convenient Hyannis location.

Your recovery starts with a team that knows the law, knows the community, and knows how to win.