The “You Should Have Seen It” Defense: Countering Comparative Negligence in Your Fall Claim
- 12 June, 2026
- Slip and Fall
If you were injured in a fall and the property owner or insurance company claims you “should have seen it,” you may feel uncertain about your rights. In Massachusetts, being partially at fault does not automatically prevent you from recovering compensation, but it does introduce legal complexity that must be handled carefully. Slip and fall claims often hinge on the concept of comparative negligence. Insurance companies frequently use this defense to shift blame onto injur... CONTINUE READING