Massachusetts Premises Liability Lawyer
Premises Liability Lawyer Committed to Serving Boston Residents
If a person or a company has property or rents property, Massachusetts law imposes an obligation on them to maintain it in a reasonably safe condition. When a property owner fails to ensure that the property is safe for certain classes of people, such as guests or business customers, and harm results, the injured person can hold the property owner or possessor liable for failing to meet this obligation with the help of an MA premises liability lawyer.
There are many steps to establishing liability in a slip and fall or other premises liability case and many different elements that you must prove before you will be awarded compensation. Finding convincing evidence and putting on a strong case can be complicated. At The Law Offices of Barry Feinstein & Affiliates P.C., our Boston premises liability lawyers are ready to put his knowledge and experience to use for you. Contact us now to schedule a free consultation and learn more about your legal options.
What is Premises Liability?
Premises liability refers to the legal responsibility that property owners or occupiers have for accidents, injuries, or damages that occur on their property. When individuals enter someone else’s property, they have a reasonable expectation that the premises will be safe and free from hazards. If a person is injured or suffers harm due to a dangerous condition on the property, the property owner or occupier may be held liable for the resulting damages.
Understanding premises liability with the help of our Massachusetts premises liability lawyer is essential for both property owners and individuals who may visit or interact with properties owned by others. The concept of premises liability is based on the principle that property owners or occupiers have a duty of care to ensure the safety of individuals who enter their premises. The specific duty owed to visitors may vary depending on the legal classification of the visitor, which is typically categorized as invitees, licensees, or trespassers.
Determining Liability Based on the Status of the Injured Person
Liability in premises liability cases is often determined based on the status of the injured person at the time of the incident. The legal classification of the visitor, whether they are an invitee, licensee, or trespasser, plays a significant role in establishing the duty of care owed by the property owner or occupier.
If you have been injured on someone else’s property, it is advisable to consult with our Massachusetts premises liability attorney who can assess your case and help determine the applicable duty of care based on your status as a visitor.
Invitees are individuals who enter the premises with the owner’s express or implied invitation, usually for business purposes or mutual benefit. Examples include customers in a store or patrons at a restaurant. Property owners owe invitees the highest duty of care among all types of visitors. If a property owner fails to fulfill this duty and an invitee is injured as a result, the property owner may be held liable for the damages.
The duty owed to invitees is to exercise reasonable care to ensure that the premises are safe. This includes regularly inspecting the property, identifying and addressing potential hazards, and providing warnings or safeguards when necessary.
Licensees are individuals who enter the premises with the owner’s permission but for their own purposes. Social guests are a common example of licensees. Property owners have a duty to warn licensees about any known dangers on the property that may not be immediately obvious.
The duty owed to licensees is to refrain from willfully or recklessly causing harm and to disclose any hidden dangers that the property owner is aware of. However, property owners are not generally required to actively inspect the premises for potential hazards or maintain the property to the same extent as invitees.
Trespassers are individuals who enter the property without any legal right or permission to do so. Property owners owe a limited duty of care to trespassers, although this can vary depending on the jurisdiction.
In general, property owners are not permitted to intentionally harm trespassers. However, property owner’s liability for injuries to trespassers is typically limited unless they engage in willful misconduct.
Understanding the Process of Bringing a Premises Liability Claim
If you were injured in an accident on the property, you must prove a variety of things before you will receive compensation. Bringing a premises liability claim can be a complex and lengthy process, which is why it is crucial to work with our MA premises liability lawyer. While the specific elements can vary depending on the jurisdiction, the following are commonly considered in premises liability cases:
Duty of Care
First, you must show that the owner of the property or the party that had primary control and custody of the property owed you a duty of care and that they breached that duty of care. The level of care that a landowner owes to an individual depends on the reason why the individual is on the property. Landowners owe the highest level of care to people who are invited to a property for a business reason, such as shoppers at the supermarket.
For social guests, such as family and friends, a landowner has a duty to ensure that any known dangerous conditions are addressed through repairs or adequate warnings. These include any dangerous conditions that the landowner should have discovered through a reasonable search. Whether you are classified as an invitee or a licensee can have significant implications for your case. Having a premises liability attorney in the Boston area on your side can help ensure that you articulate your arguments properly.
Breach of Duty of Care
The plaintiff must prove that the property owner or occupier breached their duty of care by failing to take reasonable steps to correct or warn of any dangerous conditions on the property. This means showing that they failed to uphold the standard of care expected in maintaining a safe environment.
After you prove that the defendant failed to use due care, you must show that this was the direct cause of your injuries and that the injuries that you sustained were foreseeable. If the defendant can show that some other factor was to blame, such as the plaintiff’s own negligent conduct in failing to notice a hazard, they may be barred from recovering compensation.
Under Massachusetts law, if the plaintiff is 51 percent or more at fault for his or her injuries, he or she will not be entitled to receive compensation. There are ways to defend against this type of allegation by the defendant, however, and a Boston premises liability attorney can help you make sure that the defendant does not inappropriately shift the blame to you.
If you are successful in establishing this causal link, the final step will be to offer evidence showing the damages that you suffered as a result of the accident. These include past and future medical bills, as well as any lost earnings and diminished earning capacity. If your injuries are permanent and result in a lifetime of pain and disabilities, you likely can also receive compensation for your ongoing medical care needs and your reduced quality of life. In some cases, expert witnesses can help explain the expenses that you will likely incur in the future as a result of the accident to ensure that you receive the full amount of damages that you deserve.
What Are the Different Types of Premises Liability Claims in Massachusetts?
Premises liability claims in Massachusetts can arise from various hazardous conditions and situations on someone else’s property. When property owners fail to fulfill their duty of care resulting in injuries or damages, different types of premises liability claims can be pursued. Our MA premises liability attorney can explain the common types of premises liability claims including:
Slip and Fall Accidents
Slip and fall accidents are among the most common types of premises liability claims. They occur when someone slips, trips, or falls due to a hazardous condition, such as a wet floor, uneven surfaces, inadequate lighting, or debris on the floor. To establish a slip and fall claim, it must be proven that the property owner or occupier knew or should have known about the dangerous condition and failed to take appropriate action to address it.
Negligent security claims arise when a person is injured or harmed due to inadequate security measures on the premises. This can include cases where a property owner fails to provide adequate lighting, properly maintain security cameras or alarms, or take reasonable measures to prevent criminal activities such as assaults, robberies, or other violent incidents.
Inadequate maintenance claims arise when a property owner or occupier fails to properly maintain their premises, leading to hazardous conditions. This can include failure to repair broken sidewalks, potholes, leaks, or other dangerous conditions that can cause accidents and injuries.
Even if the animal is a pet that’s normally friendly, it might still behave unpredictably at times. Dog bites and animal attacks can also fall under premises liability claims. Liability for animal attacks varies by state, but pet owners often have a duty to restrain animals or to warn visitors that the pet might attack or act aggressively, particularly if it’s happened before.
Why Do I Need a Premises Liability Lawyer in Massachusetts?
Navigating the complexities of a premises liability claim in Massachusetts can be challenging on your own. If you have been injured on someone else’s property due to hazardous conditions or the negligence of the property owner, consulting with our MA premises liability lawyer is crucial. At Law Offices of Barry Feinstein & Affiliates P.C., we are committed to:
- Utilizing Our In-Depth Knowledge of Premises Liability Laws: We have an in-depth knowledge of the state’s laws and regulations related to property owner responsibilities, duty of care, and liability.
- Evaluating Your Case: We will review the details, gather evidence, and assess the strength of your claim.
- Gathering Evidence: We will help you collect photographs, videos, witness statements, accident reports, maintenance records, and other relevant documentation that can help establish the property owner’s liability.
- Identifying Responsible Parties: We can help you identify all potentially responsible parties and hold them accountable.
- Maximizing Compensation: We can help you build a compelling case to demonstrate the impact of the incident on your life and fight for fair and just compensation on your behalf.
Our personal injury law firm ensures that you have a dedicated legal advocate who will protect your rights, guide you through the legal process, and work tirelessly to secure the compensation you deserve. Contact us now to schedule a free consultation and let us handle the legal complexities, allowing you to focus on your recovery and well-being.
Contact a Knowledgeable Premises Liability Lawyer
If you were injured as a result of another party’s careless maintenance of their property, our Massachusetts premises liability lawyers are ready to help. The legal process can be daunting, especially if you are also trying to cope with painful injuries and the associated costs.
At the Law Offices of Barry Feinstein & Affiliates P.C., we have extensive experience in premises liability and personal injury cases. We have a deep understanding of the laws and regulations in Massachusetts and are well-equipped to handle your claim. Our personal injury law firm will fight for your rights and tirelessly advocate for your best interests throughout the legal process. We know that every case is unique, and we take the time to listen to your story, understand the details of your incident, and evaluate the strengths and weaknesses of your claim.
Our personal injury and wrongful death lawyers have represented individuals and families in the areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule your free consultation, call us now or contact us online.