Uneven Pavement

The premises liability lawyers at the Law Offices of John C. Manoog III have more than 146 years of combined experience representing injured individuals in Cape Cod and the surrounding areas. Founded in 1994, our firm is dedicated to helping our neighbors recuperate from accidents by pursuing the full remedies available through litigation and negotiated settlement. Our firm offers a strong combination of experience, ability, and resources that allows us to draw on a pool of talented lawyers, skilled investigators, and dedicated professional staff to protect the rights of our clients.

When a person slips or trips and falls while visiting a property owned by someone else, the property owner’s potential responsibility for any resulting injuries is examined under a legal theory called “premises liability.” Generally, a property owner is required to warn visitors of any safety hazards on the premises that the owner knows about, including uneven or slick surfaces, broken handrails, and debris-filled walkways. The owner is also responsible for any hazards that it should know about through reasonable inspection. A property owner that fails to properly warn others about these dangers or resolve the issue is likely to be deemed liable for any accidents caused.

Massachusetts has abandoned the traditional premises liability system in which an owner’s “duty of care” varied based on the reason a particular person was at the property. Instead, an owner owes the same duty – to address hazards or warn people of them – to all lawful entrants, including friends, customers, and others invited to or visiting the premises.

In a case involving uneven pavement, the injured person has to show that the person or entity being sued was aware or should have been aware of the hazard caused by the pavement’s condition, that the pavement defect caused the plaintiff to slip or trip and fall, and that the victim suffered an injury as a direct result of the accident. This often requires evidence about the property condition in the time leading up to the accident to show that the owner was aware or should have been aware of the hazard. It may also include expert testimony as to whether the accident could have been avoided and detailed medical documentation explaining the full extent of any injuries that resulted.

One initial issue that often comes up in premises liability cases is determining who owns the property. For example, a business may rent the property from an owner, the property may be owned by a shell company, or it may be owned by more than one entity. Since Massachusetts law gives a person only three years from the date of the accident to file a claim, it is important to consult an attorney to discuss this and other issues as soon as possible.

If you or a loved one has been hurt in an accident on a Massachusetts property, you can contact the slip and fall attorneys at the Law Offices of John C. Manoog III. Our lawyers have a strong track record for success, including previous six-figure settlements in slip and fall, construction site accident, and other premises liability cases. We are conveniently located in Hyannis and Plymouth, but our lawyers are also happy to travel to you if you cannot come to us. We do not charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.