Massachusetts Lawyer Representing Victims With Premises Liability Claims
Property owners have an obligation under Massachusetts law to ensure that their buildings and the surrounding premises are safe for guests, shoppers, tenants, and acquaintances. This includes making repairs and providing warnings. Landowners also have a duty to provide protection from third-party injuries like robberies or attacks. When they fail to take action, they can be held liable for any harm caused by inadequate security.
Many landowners fail to make sure that their premises have adequate security, putting everyone on that property at risk of becoming the victim of a crime. Our Massachusetts premises liability attorney at the Law Offices of Barry Feinstein and Affiliates P.C. can help victims of assault and other attacks seek the civil damages that they deserve following accidents that likely could have been prevented if not for inadequate security.
If you or someone you know has been a victim of inadequate security, contact us immediately to seek legal representation to hold those responsible accountable and to prevent future harm.
What is Inadequate Security?
Inadequate security is a term used to describe a situation where a property owner, manager, or other responsible party has failed to provide reasonable and adequate security measures to protect individuals from foreseeable harm.
In cases where inadequate security has led to harm, injury, or loss, victims may be able to pursue legal action against the responsible parties. Our inadequate security attorney can help victims understand their rights and options, and pursue compensation for damages.
What Constitute Inadequate Security in MA?
While property owners and managers have a responsibility to ensure the safety of their visitors, customers, and tenants, inadequate security measures can put individuals at risk of harm or injury. This can include a range of issues such as:
- Insufficient lighting in common areas, parking lots, or stairwells
- Lack of surveillance cameras or monitoring equipment
- Inadequate fencing or gating around a property
- Inadequate locks or security systems on doors and windows
- Failure to conduct background checks or training of security personnel
- Failure to respond promptly to security threats or incidents
- Failure to conduct regular security assessments and make necessary improvements
- Lack of emergency response plans or procedures
- Failure to warn visitors or tenants of known security risks
- Inadequate security staffing levels
- Failure to properly secure entrances or exits to a property
- Poor maintenance of security equipment or systems
- Inadequate security training for tenants or employees
These types of security lapses can put individuals at risk of injury, harm, or even death. When these types of incidents occur, victims may be able to pursue legal action against the responsible parties. Contact our premises liability attorney right now to evaluate your case and assess the strength of your claim.
Identifying Dangerous Locations
There are countless criminal acts that can take place on another person’s property where security measures are lacking like robberies, sexual assault, and workplace violence. Many of these attacks could have been prevented through simple and reasonably priced measures like security lights or surveillance cameras.
Some prime locations for third-party violence include ATMs, where people go at all hours of the day to withdraw funds. This becomes an attractive target for robbers who want to take your cash from you the minute the machine spits it out. Parking garages are also a dangerous location because they are often devoid of other people and provide plenty of concealment from the outside world.
Motels and other hospitality locations can be dangerous if the locks on the external and internal doors are not working properly. This is also true of apartment buildings where the main door is open to the general public allowing anyone to come inside. College campuses can also present many dangers, especially late at night as students are walking back to the dorms or leaving the premises.
How Do I Win my Lawsuit?
A third-party attack can be incredibly dangerous and even life-threatening in some situations. To prevail in a lawsuit against the owner of a property who failed to take reasonable safety precautions the victim must:
- Show first that the defendant owned the property and that he or she was on the property lawfully. In other words, you cannot be trespassing at the time the attack occurred.
- Next, you must show that the property owner did not address inadequate security measures in a reasonable way, such as failing to fix a security light or failing to hire a security guard to patrol the grounds. This can be easier to prove if the premises is located in an area were crime occurs frequently or if prior attacks have happened on or near the property.
- Finally, you must prove that you were injured as a result of the failure to provide adequate security and that the injury you sustained was foreseeable.
If you are successful in establishing these elements to show that there was inadequate security, then you can receive compensation for the injuries that you suffered.
Premises Liability Law in Massachusetts
A third-party attack can be incredibly dangerous and even life-threatening in some situations. To prevail in a lawsuit against the owner of a property who failed to take reasonable safety precautions the victim must show first that the defendant owned the property and that he or she was on the property lawfully. In other words, you cannot be trespassing at the time the attack occurred.
Next, you must show that the property owner did not address inadequate security measures in a reasonable way, such as failing to fix a security light or failing to hire a security guard to patrol the grounds. This can be easier to prove if the premises is located in an area were crime occurs frequently or if prior attacks have happened on or near the property. Finally, you must prove that you were injured as a result of the failure to provide adequate security and that the injury you sustained was foreseeable.
If you are successful in establishing these elements to show that there was inadequate security, then you can receive compensation for the injuries that you suffered. This can include past and estimated future medical bills, prescriptions, physical therapy, and other expenses related to your physical injuries. You may also require counseling or other psychiatric support to cope with the attack.
If you were unable to work as a result of the injuries, then you can receive compensation for your lost wages. In the unfortunate event that you are rendered permanently disabled and unable to return to your usual occupation, you can seek compensation for your loss of earning potential. Our experienced premises liability attorney can help you make sure that you seek the full amount of compensation that you deserve.
What are the Legal Considerations for Inadequate Security Cases in Massachusetts?
If you are considering filing a legal claim for inadequate security in Massachusetts, there are several important legal considerations to keep in mind. Here are a few key factors to consider:
Statute of Limitations
There is a statute of limitations on personal injury claims in Massachusetts, which means that there is a limited amount of time within which you can file a claim. Generally, the statute of limitations for personal injury claims in Massachusetts is three years from the date of the injury or incident.
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.
In Massachusetts, the legal doctrine of comparative negligence applies in personal injury cases such as inadequate security. This means that if the victim contributed to their own injuries, the compensation they receive may be reduced by their percentage of fault. For example, if a victim was not paying attention and walked into a poorly lit area, their compensation may be reduced if it is determined that they were partially responsible for their own injuries.
The burden of Proof
In order to successfully pursue a legal claim for inadequate security in Massachusetts, the victim must be able to prove that the property owner or manager failed to provide reasonable and adequate security measures and that this failure directly contributed to their injuries. This can be a challenging legal standard to meet, and it is in your best interest to work with our legal team who has experience handling inadequate security cases.
Who Can Be Responsible for an Inadequate Security Claim in MA?
In an inadequate security claim, the responsible party may vary depending on the specific circumstances of the case. Here are a few examples of who may be held responsible for an inadequate security claim:
The owner of a property may be held responsible for inadequate security if they failed to take reasonable steps to prevent foreseeable harm to visitors, customers, or tenants. This may include failure to install security cameras, provide adequate lighting, or secure entrances and exits.
A property manager may be held responsible for inadequate security if they were responsible for maintaining the property and failed to take reasonable steps to prevent foreseeable harm. This may include failure to properly train security personnel or failure to implement a security plan.
If a property owner or manager hired a security company to provide security services and the security company failed to provide adequate security measures, they may be held responsible for inadequate security.
If an inadequate security incident occurred at an event, the event organizer may be held responsible for inadequate security if they failed to take reasonable steps to provide adequate security measures, such as hiring security personnel or implementing a security plan.
In some cases, a government entity may be held responsible for inadequate security, such as if a government building had inadequate security measures in place and someone was injured as a result.
Determining who may be responsible for an inadequate security claim can be difficult but our inadequate security attorney is here to you investigate the circumstances of the incident and identify all potentially responsible parties.
What Compensation Can I Recover in My Inadequate Security Claim?
Victims of inadequate security may be entitled to compensation for their injuries, losses, and damages. Compensation can vary depending on the severity of the incident and the specific circumstances of the case. Here are some types of compensation that victims of inadequate security may be eligible to receive:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Mental anguish
- Loss of quality of life
- Punitive damages
If you have been a victim of inadequate security, it is critical that you consult with our inadequate security attorney who can assist you in determining the types of compensation you may be entitled to and who can file a legal claim on your behalf.
Why Do I Need a Premises Liability Attorney in Massachusetts?
If you have been injured on someone else’s property in Massachusetts, you may be entitled to compensation for your injuries and damages under premises liability law. However, navigating the legal system and pursuing a premises liability claim can be complex and challenging, especially if you are dealing with medical bills, lost wages, and other consequences of your injury.
Here are some of the key reasons why you may need our premises liability attorneys at Law Offices of Barry Feinstein & Affiliates P.C.
- Providing legal advice
- Investigating the accident
- Gathering evidence
- Identifying liability
- Negotiating with insurance companies
- Representing you in court
- Maximizing your compensation
Take action now to protect your legal rights and get the compensation you deserve. Contact us today to schedule a free consultation with one of our premises liability lawyers.
Call our MA Premises Liability Attorney Now!
Most people who suffer an injury in a premises liability action have countless questions about whether they are entitled to compensation and how they should proceed. We provide a free consultation to help you learn more about Massachusetts law and whether an attorney at our firm can help you.
Our team is available to serve clients throughout the area, including in areas around Boston, Cambridge, Lowell, Newton, Somerville, Waltham, Quincy, Norwood, Brookline, Dedham, and Peabody. To set up your consultation call us or contact us online to get started.
We also offer legal services in other practice areas if you or someone you love require further legal assistance: