Home / Tools / 24-Hour Guide

24-Hour Guide · Slip and Fall

First 24 Hours After a Slip and Fall in Massachusetts

What to photograph, who to notify, and the Massachusetts rules that decide whether your slip-and-fall claim survives. Built around Mounsey v. Ellard and Papadopoulos v. Target.

Free first call (617) JIM-WINS Read the Slip and Fall entry →

1. 01

   Get medical evaluation, even if you feel okay.

   Slip-and-fall injuries often involve back, knee, hip, head, or shoulder injuries that present hours or days later. Same-day or next-day medical records are the single most important documentary anchor for a Massachusetts premises-liability claim.

2. 02

   Photograph the hazard before it changes.

   Photograph the exact spot you fell from multiple angles. If snow or ice, photograph the surrounding area showing the condition, untreated areas, salt or absence of salt, and any prior melt-and-refreeze. If a wet floor or torn rug, photograph the surface and any warning sign (or lack of one). Time-stamp matters; phones do this automatically.

3. 03

   Report the fall to the property owner or store on the spot.

   Ask for the manager. Ask them to fill out an incident report. Ask for a copy. If they refuse, get the manager's name and the time of your request in writing (a text message to yourself with the timestamp counts). The existence (or absence) of an incident report is heavily relied on at trial.

4. 04

   Get names and phone numbers of any witnesses.

   Other shoppers, employees, anyone who saw the fall or saw the hazard before the fall. Witnesses become impossible to find weeks later. If they are willing, ask them to send you a text describing what they saw.

5. 05

   Save the shoes and clothes you were wearing.

   Do not throw them out. Defense expert reports often question footwear; preservation cuts those arguments off. Bag them and keep them in a closet.

6. 06

   Check the weather record (snow and ice cases).

   Massachusetts abolished the natural-accumulation defense in Papadopoulos v. Target, 457 Mass. 368 (2010). Property owners owe the same reasonable-care duty for snow and ice as for any other hazard. Weather.gov maintains historical records by zip code; the firm pulls these in every snow-and-ice case to show what the owner knew or should have known.

7. 07

   Watch the comparative-negligence rule.

   Massachusetts uses modified comparative negligence under M.G.L. c. 231 § 85. Your recovery is reduced by your share of fault and barred entirely if you are more than 50 percent at fault. Photographs and the absence of warning signs help shift the percentage allocation in your favor.

8. 08

   Do not give a statement to the property owner's insurance carrier.

   An adjuster will call within days. Do not give a recorded statement. Do not sign a medical authorization. Decline politely and tell them counsel will be in touch. Adjusters use scripted questions designed to lock you into statements about how the fall happened that limit your claim.

9. 09

   Telephone (617) JIM-WINS within the first 24 to 72 hours.

   Slip-and-fall scenes change fast: snow melts, floors get cleaned, signs appear, surveillance footage is overwritten. Most retail security systems retain footage for only 7 to 14 days. Counsel can issue a preservation letter that legally requires the property owner to retain the footage. The first call is offered without charge.

Common questions

• What is the deadline to file a slip and fall claim in Massachusetts?

  Most Massachusetts civil claims of this kind are subject to a three-year limitations period under M.G.L. c. 260 § 2A from the date of injury. Some matters carry shorter deadlines (workers' comp notice, claims against a public entity) or longer ones (medical malpractice repose). Telephone (617) JIM-WINS for the deadline that applies to your specific facts.

• Does Jim Glaser Law charge anything to evaluate my case?

  No. The first telephone consultation is offered without charge. Most slip and fall matters are accepted on contingency: no attorney's fee unless and until a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.

• What if I missed something in the first 24 hours?

  The earlier the better, but most Massachusetts claims survive a delayed start as long as the limitations period has not expired. Telephone the firm now; the longer you wait, the harder evidence preservation becomes.

• Should I talk to insurance adjusters before calling counsel?

  Tell your own carrier the basic facts (date, time, location, that you are seeking medical evaluation). Do not give a recorded statement to the at-fault party's carrier without speaking to a Massachusetts attorney first. Their adjusters are trained to lock you into statements that limit your claim.

• Is Jimmy Knows A! legal advice?

  No. This guide provides general Massachusetts legal information drawn from M.G.L. statutes and case law. It is not legal advice for any particular matter. Telephone Jim Glaser Law at (617) JIM-WINS for advice on your specific situation.

This guide constitutes legal information, not legal advice. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability.