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Inadequate Maintenance

Massachusetts Lawyer for Premises Liability Accidents

When you visit someone else’s property, you are trusting the owner or operator to have made sure that the premises are safe or to provide warnings about conditions that could cause you to suffer injuries. Unfortunately, a large number of premises liability accidents are the result of property owner’s negligent maintenance. This can include everything from fixing a cracked sidewalk, cleaning up a spill, or installing security cameras if the property is in a high-crime area. That’s where our Massachusetts inadequate maintenance attorney can help.

Although nothing can truly compensate you for the pain and suffering that you experience if you are hurt as the result of someone’s failure to conduct proper maintenance of their property, asserting your right to damages with the help of our Massachusetts premises liability attorney can help you obtain enough support to address your medical bills and other expenses. 

At the Law Offices of Barry Feinstein and Affiliates PC, our lead counsel and his team of legal professionals have represented victims in a broad range of premises liability accidents. If you or a loved one have suffered injuries due to a landlord’s negligent maintenance of their property, do not hesitate to contact us today to evaluate your legal rights and options. 

What is Inadequate Maintenance?

Inadequate maintenance can be defined as the failure of a landlord or property owner to properly maintain their property, which results in hazards or dangerous conditions that pose a threat to the health and safety of tenants or visitors.

Inadequate maintenance is a common issue in premises liability cases, as property owners and landlords have a duty to maintain their property in a safe condition for those who are invited onto the property. 

How to Identify Dangers that Result from Inadequate Maintenance

Although most property owners are aware that they must keep their premises relatively safe for shoppers and social guests, many of them fail to make the routine inspections or necessary repairs to meet this standard. Dangerous property conditions exist all around us. And some examples of inadequate maintenance may include:

  • Failure to repair leaks, resulting in water damage or mold growth
  • Neglecting to fix broken stairs, railings, or walkways, leading to slip-and-fall accidents
  • Failing to address pest infestations or other unsanitary living conditions
  • Failure to maintain heating or cooling systems, leading to extreme temperatures or other hazards
  • Failing to maintain smoke detectors, resulting in a lack of warning in the event of a fire
  • Failure to address hazardous materials, such as asbestos or lead paint
  • Neglecting to address faulty electrical or plumbing issues
  • Falling merchandise that was not properly secured or stacked 
  • Overgrown shrubs and vegetation
  • Cracked glass or windows
  • Broken swimming pool gates
  • Large cabinets or other items that are not secured to a wall properly
  • Failure to install parking lot lights or security cameras to keep patrons and visitors safe 
  • Accumulations of snow and ice

Inadequate and negligent maintenance in  Massachusetts can result in serious injuries and property owners may be held liable for any resulting damages. Don’t let inadequate maintenance go unchecked. Contact us at Law Offices of Barry Feinstein & Affiliates P.C. today to take the first step in holding negligent landlords or property owners accountable.

What Injuries Can Be Caused by Inadequate Maintenance? 

Injuries caused by inadequate maintenance can occur in a variety of settings, such as commercial buildings, public spaces, and private homes. These injuries can have a significant impact on a person’s health, well-being, and quality of life. Some of the injuries that can be caused by inadequate maintenance include:

It’s crucial to seek medical attention right away if you were hurt due to negligent property maintenance in Massachusetts, and to speak with our premises liability lawyer to learn your legal options for recovering damages.

Who Can Be Liable in an Inadequate Maintenance Lawsuit?

Determining who can be held liable in an inadequate maintenance lawsuit can be a complex process, and several parties may share responsibility. Understanding the different parties that can be held responsible for inadequate maintenance is essential to building a strong case and seeking appropriate compensation for injuries and damages caused by negligence.

Here are some of the parties that may be held responsible:

  • Property owner: The property owner can be held liable if they were aware of the maintenance issue or should have been aware of it and failed to take appropriate action to fix the problem.
  • Property manager: If the property owner has hired a property manager or maintenance company to oversee the property, they may also be held liable for inadequate maintenance.
  • Contractor: If a contractor or subcontractor was responsible for performing maintenance on the property and failed to do so properly, they may be held liable for any resulting injuries.
  • Business tenant: If the property is leased to a business tenant, they may be responsible for maintaining certain areas of the property, such as the interior of their leased space.
  • Government entity: In some cases, a government entity may be held liable for inadequate maintenance, such as if the property is owned by the government or if the government is responsible for maintaining a public space.

There may be multiple parties who are liable for your injuries, especially if the property is owned by corporations or holding companies. If the owner hired a third party to perform maintenance and upkeep on the property, that third party may also be liable if the dangerous condition was something that it should have identified in the reasonable performance of its job duties.

It is in your best interest to consult with our inadequate maintenance attorney to evaluate your case and determine who may be held responsible for your injuries or damages.

How to Establish Liability in an Inadequate Maintenance Lawsuit?

To establish liability in an inadequate maintenance lawsuit, you must prove that the at-fault party had a duty to maintain the property and that they breached that duty, resulting in the plaintiff’s injuries or damages. Here are some steps to establish liability in an inadequate maintenance lawsuit:

  1. Prove Duty of Care: You must establish that the defendant had a duty of care to maintain the property in a safe condition. For example, a property owner has a duty to maintain their property in a safe condition for visitors and tenants.
  2. Prove Breach of Duty: You must prove that the defendant breached their duty of care. This can involve demonstrating that the defendant failed to address a known maintenance issue or failed to regularly inspect the property for potential hazards.
  3. Prove Causation: You must show that the defendant’s breach of duty caused your injuries or damages. This may require demonstrating that the inadequate maintenance directly caused your injuries or that the injuries would not have occurred if the maintenance had been properly performed.
  4. Prove Damages: You must provide evidence of the damages you suffered as a result of the inadequate maintenance. This can include medical bills, lost wages, and pain and suffering.

Proving liability in an inadequate maintenance lawsuit can be a difficult process and it’s crucial to work with our premises liability lawyers who can help you develop a compelling case. Give us a call today to know more. 

It can be difficult to find evidence to support your claim after suffering an injury on someone else’s property. If it involved a broken staircase or handrail, you may be able to take photographs to show the damage, but they won’t show the condition of the dangerous item prior to the accident. In many instances, it is necessary to consult with an expert witness who can review the evidence and provide an expert opinion on how the dangerous property condition was the direct cause of your injuries.

If you are successful in proving that the property owner failed to act according to the duty that you were owed, you can recover compensation for a number of items including past and future medical bills, pain and suffering, lost wages, and reduced earning capacity if your injuries have resulted in permanent disabilities.

How Would I Know If a Property Owner Owed Me a Duty?

Each property owner has a duty to maintain his or her premises in a reasonably safe condition, including businesses. The extent to which the owner must identify and repair potential dangers depends on the owner’s relationship with the person who may be harmed, however. 

Property owners owe the highest duty of care to persons who are invited to the property for a business purpose, such as shoppers at a supermarket or patients at a doctor’s office. These property owners have a duty to make routine inspections to identify and address dangerous conditions. 

Property owners owe a slightly reduced duty of care to social guests such as friends and family. In this category, the property owner has a duty to provide warnings about any known dangerous conditions or to repair them.

Property owners owe the least duty of care to trespassers. They have no reasonable duty to warn a trespasser of potential hazards and no duty to maintain their property for the benefit of a trespasser. They will, however, have a legal duty if they intentionally or recklessly cause harm to the trespasser. 

How Can I Support My  Inadequate Maintenance Claim?

If you are pursuing an inadequate maintenance lawsuit, there are several ways you can support your case to increase your chances of a successful outcome. Here are some tips:

Document the Scene

If you were injured on someone else’s property due to inadequate maintenance, try to take pictures or video of the scene as soon as possible after the incident. This can help to establish the dangerous condition and support your claim that the defendant breached their duty of care.

Obtain Medical Treatment

Seek medical treatment for your injuries as soon as possible after the incident, even if you feel that your injuries are minor. This will create a medical record that can be used as evidence to support your claim of damages.

Keep Records of Expenses

Keep detailed records of any expenses related to your injuries, including medical bills, lost wages, and other out-of-pocket expenses. This will help to establish the damages you have suffered and the amount of compensation you are entitled to.

Consult with Experts

In some cases, it may be necessary to consult with experts, such as engineers or medical professionals, to help establish the defendant’s liability or the extent of your damages. Our negligent maintenance attorney in Massachusetts can help identify and retain appropriate experts to support your case.

Work with our Experienced Inadequate Maintenance Attorney

Working with our experienced inadequate maintenance attorney can help you to build a strong case and navigate the legal process. Our legal team can help gather evidence, identify potential witnesses, and negotiate with the defendant’s insurance company to secure a fair settlement or take your case to trial if necessary.

By taking these steps, you can help support your inadequate maintenance lawsuit and increase your chances of receiving the compensation you deserve.

What Damages Can I Recover in a Negligent Maintenance Claim?

If you have been injured due to inadequate maintenance on someone else’s property, you may be entitled to recover damages to compensate you for your losses. The damages that may be available to you will depend on the specific circumstances of your case, but here are some common types of damages in inadequate maintenance lawsuits:

  • Past and future medical expenses
  • Lost wages and future earning capacity 
  • Pain and suffering
  • Property damage
  • Disability 
  • Wrongful death 
  • Punitive damages, if applicable 

Our premises liability attorneys can help you evaluate the damages available in your case and work to maximize your recovery. Call us today to schedule a free consultation. 

How Long Do I Have To File a Claim in Massachusetts? 

In Massachusetts, the statute of limitations for inadequate maintenance lawsuits is generally three years from the date of the injury or discovery of the injury. This means that you have three years from the date of your injury or the date you discovered your injury to file a lawsuit against the responsible party. Notice requirements may be shorter so it is important to speak with an attorney immediately.

There are exceptions to this rule for the following:

  • Minors who are 3 years from reaching 18, or
  • People with mental disabilities.

In these cases, the time limit “clock” is paused or “stayed.” This means that the three-year time limit doesn’t start running until the stay is removed, which could happen when the minor turns 18 or the person with a disability becomes capable of pursuing a legal claim.

It’s always best to consult with our inadequate maintenance attorney as soon as possible after your injury to ensure that you meet all deadlines and requirements for filing your lawsuit. Failing to file your lawsuit within the statute of limitations can result in your case being dismissed, and you may lose your right to pursue compensation for your injuries.

Why Do I Need a Premises Liability Attorney in Massachusetts?

If you were hurt while visiting someone else’s property in Massachusetts, you might be considering hiring the services of a premises liability law firm such as Law Offices of Barry Feinstein & Affiliates P.C. to assist you in pursuing financial compensation for your losses. 

Working with our legal team in these circumstances can be beneficial for a number of reasons. Our Massachusetts premises liability attorney can: 

  • Give you a thorough understanding of Massachusetts’s laws in premises liability
  • Assess the merits of your claim
  • Create a legal plan that is catered to your particular needs
  • Speak with insurance providers on your behalf
  • Represent you in court, ensuring that your legal rights are upheld and that you get the highest possible settlement for your injuries

We have a proven track record of success in cases involving inadequate maintenance, and we are eager to put our experience to work for you. Allow us to guide you through the legal process and ensure that your voice is heard in your quest for justice for injuries or damages caused by negligent maintenance in Massachusetts.

Tenacious Premises Liability Attorney Serving Massachusetts

There are many different questions that people often have after they suffer injuries in an accident. Most of the time, they want to know whether they have a cause of action against the person who may be responsible for their injuries. We’ll help you better understand your legal rights following an unfortunate accident caused by negligent maintenance in Massachusetts. And we offer a free consultation to discuss your situation and how our legal team may be able to help you.

At Law Offices of Barry Feinstein & Affiliates P.C., we handle all aspects of the claim, including gathering evidence, dealing with insurance companies, and protecting your right to recovery. We are available to help clients in areas around Boston, Cambridge, Lowell, Newton, Waltham, Somerville, Dedham, Norwood, Quincy, Brookline, and Peabody. To set up your appointment, you can give us a call or contact us online.

We also provide legal services in the following practice areas: 

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