This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
Massachusetts Answer and Defenses - Slip and Fall
State:
Multi-State
Control #:
US-PI-0178
Format:
Word;
Rich Text
Instant download
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How to fill out Answer And Defenses - Slip And Fall?
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FAQ
Mandatory minimum imprisonment in a jail or house of correction for 1 year (no more than 2.5 years) and a fine ranging from $1,000 to $5,000.
The lowest duty of care is owed to adult trespassers who are on the land without permission and do not provide any benefit to the landowner. Generally, no duty of care exists, but landowners may not intentionally injure trespassers.
Even a trespasser injured on someone's property may successfully sue the owner if the trespasser can show that the owner willfully, wantonly or recklessly disregarded the trespasser's safety.
Under Massachusetts premises liability laws, injured parties can make legal claims for monetary damages if the event occurred as a result of a hazardous defect or situation on your real property. Anyone who owns property in Massachusetts must maintain that property in a reasonably safe condition for lawful visitors.
The average slip-and-fall settlement varies by case but is usually between $10,000 and $50,000. You may be entitled to significant compensation to help you cover lost wages, medical bills and more. Schedule a free consultation with an injury lawyer at Brown & Crouppen. If you don't get paid we don't get paid.
Specifically, anyone who has been injured in a slip and fall accident -- or suffered damage to their personal property as a result of the fall -- must get their lawsuit filed within three years of the date of the incident, ing to Massachusetts General Laws Chapter 260 section 2A.
If the property owner created a dangerous condition that led to the trespasser's injuries, they may be held liable, even if the trespasser was not invited onto the property.
Despite not being invited onto the property, trespassers are nonetheless owed a duty of care. Landowners have the least obligation to trespassers who have come onto the property without permission. The owner does not have to warn trespassers about natural dangers or inspect and make repairs for their sake.