Fatal Slip and Fall Injuries
People often think of slip and fall accidents as minor incidents that cause little, if any, harm, but these accidents account for a high percentage of fatalities throughout the country. Suffering the unexpected loss of a loved one due to a preventable accident can be devastating, often causing not only unimaginable grief but also significant financial harm. In many instances, however, family members of people who suffer fatal slip and fall injuries may be able to recover damages from the party responsible for the accident. At The Law Offices of John C. Manoog, III, our dedicated Cape Cod slip and fall attorneys are adept at proving liability of the responsible parties and we diligently pursue just results for our clients. Collectively, we have over fifteen decades of experience litigating cases in the Massachusetts courts, and our skillful advocacy has allowed us to recover several multi-million dollar damages awards for the parties we represent.Proving Liability for a Fatal Slip and Fall
Slip and fall accidents are usually caused by snow or ice on a sidewalk or parking lot or liquid or debris on the floor of a business such as a restaurant or a grocery store. Generally, the person that owns a property has a duty to maintain the property in a safe condition, which includes removing any fall hazards or warning people that are lawfully on the property of any known dangers. Thus, if a person suffers fatal slip and fall injuries due to a dangerous condition on someone else’s property, the person’s family members may be able to pursue claims against the property owner.
In most instances, however, a property owner will not be held liable for a fatal slip and fall injuries unless it can be shown that the property owner knew of the dangerous condition that led to the fall, or should have reasonably been aware of the condition. There are exceptions to the rule that a party seeking to impose liability for a fatal accident on someone else’s property must show that the property owner had actual or constructive notice of the condition, such as when the condition that caused the fall was reasonably foreseeable due to the mode of operation of the business conducted on the property.Wrongful Death Claims Arising Out of a Slip and Fall Accident
Generally, a person who lost a loved one due to a fatal slip and fall accident will pursue a wrongful death claim against the owner of the property. In Massachusetts, the wrongful death law specifically provides that a person that recklessly or negligently causes the death of another party may be held liable for reasonable funeral and burial expenses incurred due to the person’s death, the loss of income the deceased person would have earned over his or her life, and the loss of comfort, counsel, and companionship the deceased person would have provided to family members throughout the duration of his or her life. In certain instances, punitive damages may be recoverable as well.
Lawsuits alleging wrongful death claims usually must be filed within three years of the date of the deceased person’s death. Additionally, the Massachusetts wrongful death law provides that wrongful death claims can only be pursued by either the administrator or executor of the deceased person’s estate. Any damages recovered will be disbursed among the beneficiaries of the deceased person in accordance with the law.Confer with a Cape Cod Attorney
Slip and fall accidents can cause grave harm, and unfortunately, in some instances, the harm is fatal. If you suffered the loss of a loved one due to a fatal accident caused by another person’s negligence, you should confer with a lawyer to discuss what compensation you may be able to recover. The wrongful death attorneys of the Law Offices of John C. Manoog, III, will gather the evidence needed to help you pursue a claim and help you move forward with your life. We have a record of winning cases for our clients, including several verdicts in excess of one million dollars. We assist people with wrongful death claims in Cape Cod and are available for consultations in Plymouth and Hyannis. You can contact us at 888.262.6664 or via our online form to schedule a conference. Nós Falamos Português.