Statute of Limitations in Slip and Fall Cases

People routinely enter property that is owned by someone else without considering that they may be harmed. Slip and fall accidents are common in the Cape Cod area, however, and when a person falls on property owned by someone else, the person may be able to recover compensation. There are time limitations as to when an injured party can pursue a claim, and it is wise for anyone injured in such an accident to consult a Cape Cod slip and fall lawyer promptly to avoid losing the right to seek damages. At the Law Offices of John C. Manoog, III, we have assisted parties in personal injury lawsuits for over fifteen decades collectively, and we are well versed in what it takes to set forth a strong case. Our skills and experience have enabled us to recover numerous multi-million dollar verdicts and settlements on behalf of our clients.

Property owners owe a duty of care to anyone who lawfully enters their property. As part of that duty, property owners must maintain the property in a relatively safe condition and prevent any foreseeable harm. When property owners fail to uphold that duty, dangerous conditions can arise on a property, increasing the risk of harm to visitors. For example, if a restaurant or grocery store permits liquid or debris to remain on the ground, it often results in a fall. Falls can also be caused by stairs, walkways, and sidewalks that are structurally damaged. If you fell on someone else's property, it is advisable to speak with a knowledgeable attorney to discuss whether the property owner may be liable for your harm.

If a person injured in a slip and fall accident wishes to seek damages in a civil lawsuit, it is essential that he or she complies with the procedural requirements of pursuing a claim, one of which is filing the lawsuit within the statute of limitations. In Massachusetts, the statute of limitations in a slip and fall case is three years. The statute begins to run on the date when the right to seek damages accrues, which is typically the date the harm occurs.

The statute may be tolled under certain circumstances, however. For example, if a person does not know that he or she sustained an injury, the statute is tolled by the discovery rule until the time the person realizes or should realize he or she suffered harm. If the injured person is a minor at the time the right to seek damages accrues, the statute is tolled until the child reaches the age of majority. Similarly, if a person is deemed incapacitated due to mental illness at the time of the injury, the statute will be tolled until the disability is removed.

If the person that caused the injured person’s harm leaves Massachusetts to reside in another state after the date of harm, but before the statutory period ends, the statute of limitations will be tolled until the person returns to Massachusetts. Similarly, if the person that caused the injured party’s harm fraudulently conceals his or her liability from the injured party, the statute of limitations will be tolled during the time the fraud is ongoing.

If you suffered injuries due to a fall on someone else's property, you can consult a capable attorney to discuss what damages you may be able to recover, and to potentially help you take legal action within the statute of limitations applicable to slip and fall cases. The diligent personal injury lawyers of the Law Offices of John C. Manoog, III, will strive to develop effective arguments on your behalf to help you seek a favorable outcome. Our zealous advocacy has enabled us to uphold a record of successful outcomes, including several verdicts and settlements of over one million dollars. We routinely aid injured parties in the pursuit of compensation in lawsuits in Cape Cod. Additionally, we can meet for consultations in Plymouth and in Hyannis. We can be contacted at 888-262-6664 or via our online form to set up a confidential and free meeting to discuss your accident.