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Slip and fall settlement value in Massachusetts has no formula: it turns on whether you can prove the owner failed to use reasonable care, what your injuries cost you, and how much of the blame falls on you. This article gives no numbers, because the law gives none.
Online calculators and multiplier rules are rules of thumb. A Massachusetts jury is told to use its judgment to reach a fair figure, and the court’s model instructions describe the pieces it should consider. This article walks through those pieces.
Thomas M. Kiley has represented injured people for more than 50 years. If you were hurt in a slip and fall in Massachusetts, we can explain where you stand. Call 978-965-3228 for a free consultation.
Not by formula. Slip and fall claim value is built from proof, not from a table of numbers. The Superior Court’s model jury instructions say the law gives jurors no special formula for damages. They ask jurors to use their judgment, common sense and conscience to reach an amount that is fair and reasonable.
The law also does not require you to prove damages with mathematical precision. It does require proof that rests on more than speculation, and you carry the burden of proving your damages by a preponderance of the evidence (Instruction 3.03).
Fault comes first. If you cannot show that the owner or whoever controlled the area failed to use reasonable care, there is no claim to value. The model jury instruction on premises liability lists what you have to show:
Owners often argue that the hazard was open and obvious. In Papadopoulos v. Target Corp., the Supreme Judicial Court said that even if snow and ice are open and obvious, that fact alone does not always relieve an owner of the duty of reasonable care. For the ice version of this analysis, see our post on slip and fall on ice in Massachusetts.
The court’s model instructions break damages into categories. Each one needs proof.
| Category | What the instruction says | Source |
|---|---|---|
| Medical expenses | Expenses that were reasonable in amount and reasonably necessary, including a fair sum for medical, hospital and nursing expenses reasonably expected in the future | Instruction 3.03 |
| Lost earning capacity | Whether your ability to earn money has been diminished, even if your employer continued your pay. It cannot rest on something merely possible or speculative. | Instruction 3.03 |
| Pain and suffering | Physical and mental. Future pain and suffering must be proved with reasonable medical probability. | Tort damages instruction |
| Permanent marks or loss of function | A fair and reasonable sum for any permanent condition the injury caused | Instruction 3.03 |
| Loss of enjoyment | The reduction in the pleasures of work, play and family life | Instruction 3.03 |
Jurors are told to add up each area without counting the same loss twice. The total must be fair compensation for the entire injury, no more and no less.
Under M.G.L. c. 231, §85, your negligence does not bar recovery unless it is greater than the total negligence of the people you are seeking recovery from. Your damages are reduced in proportion to your share. If a jury puts 20% of the fault on you, your damages are reduced by 20%.
The side arguing that you were at fault has the burden of proving it, and you are presumed to have been using due care.
If a lawsuit is filed in Superior Court, Standing Order 1-88 lists slip and fall cases (case type B20) on the Fast Track. Judgment is due within 22 months of filing the complaint. The table shows the main deadlines.
| Time from filing | What the Standing Order requires |
|---|---|
| 3 months | Service is completed on all parties |
| 4 months | Motions under Rules 12, 15, 19 and 20 are served. A defendant who has not answered can be defaulted. |
| 10 months | Discovery requests are served and non-expert depositions are completed |
| 12 months | Motions for summary judgment are filed |
| 16 months | The court holds a final pre-trial conference and sets a firm trial date |
| 22 months | The case is to be resolved and judgment issued |
| These are court deadlines, not predictions. The court can change a tracking order for good cause, and the Standing Order recognizes mediation and other ways to resolve a case without trial. |
The deadline to file the lawsuit itself is three years under M.G.L. c. 260, §2A. Our post on how long you have to file a slip and fall lawsuit in Massachusetts covers it.
There is no average you can rely on, because Massachusetts law sets no formula. The Superior Court’s model jury instructions say the law gives jurors no special formula for damages. What your claim is worth depends on fault, your injuries and your own share of the blame.
That depends on proof, not on a formula. You have to show the owner failed to use reasonable care, prove your damages by a preponderance of the evidence, and account for any share of fault the other side proves. An attorney can review your records and tell you where you stand.
Yes. Under M.G.L. c. 231, §85, your damages are reduced by your share of the fault, and you cannot recover if your negligence is greater than the total negligence of the people you are seeking recovery from.
In Superior Court, slip and fall cases are on the Fast Track, with judgment due within 22 months of filing the complaint. Standing Order 1-88 sets the deadlines, and the court can change them for good cause.
Yes. The model jury instruction lets jurors allow a fair and reasonable sum for medical, hospital and nursing expenses that reasonably are to be expected in the future as a result of the accident. You need evidence that supports those expenses.
What your claim is worth depends on facts that only you and your records can show. Our Massachusetts slip and fall lawyers will go through your fall, your medical bills and any offer from an insurance company, and explain where you stand.
There is no fee until we win. Call 978-965-3228 for a free consultation. You can also visit our Andover office at 342 N. Main St., Andover, MA 01810, or contact us online.
Thomas M. Kiley of Kiley Law Group, 342 N. Main St., Andover, MA 01810, is the attorney responsible for this content. This article is for general informational purposes only and does not constitute legal advice. Massachusetts laws cited include M.G.L. c. 231, §85, and M.G.L. c. 260, §2A. Cases and court rules discussed include Papadopoulos v. Target Corp., 457 Mass. 368 (2010), and Superior Court Standing Order 1-88. Laws change; consult a licensed Massachusetts attorney for advice specific to your situation.
