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Premises Liability Attorneys in Boston

When a person or company owns property or rents property, they incur an obligation to maintain that property in a reasonably safe manner. If the property owner or the renter/occupier invites people onto that property and someone is harmed because the property was not maintained reasonably, the person or persons injured as a result of the negligent maintenance can file a personal injury claim under a body of laws known as premises liability.

Making a premises liability claim involves establishing that you are owed a duty of care, and proving that the duty was breached in a negligent way that led to your injury or harm. Proving your case can be complicated, so it is advisable to contact an experienced premises liability lawyer if you have suffered an injury on property in the state of Massachusetts. The Boston attorneys at Jeffrey Glassman Injury Lawyers have represented injured clients throughout the state for more than 19 years. Contact us today at (617) 777-7777 or using our online form to learn how we can put our legal experience to work for you.

What Are the Different Types of Premises Liability Claims in Massachusetts?

There are several types of premises liability claims that can be brought against a property owner, or occupier, for injuries or damage sustained on their property due to their negligence in Massachusetts. These include:

  1. Slip and fall: This type of claim occurs when an individual slips and falls on a property due to a dangerous condition, such as a wet floor or uneven pavement.
  2. Trip and fall: This type of claim occurs when an individual trips and falls on a property due to a dangerous condition, such as a raised sidewalk or poorly lit stairwell.
  3. Negligent security: This type of claim occurs when a property owner or occupier fails to provide adequate security measures, such as adequate lighting or working locks.
  4. Inadequate maintenance: This type of claim occurs when a property owner or occupier fails to maintain their property in a safe condition, such as failing to repair broken steps or leaking pipes.
  5. Elevator/Escalator Accidents: This type of claim occurs when an individual suffers an injury due to a malfunction or neglect of maintenance in an elevator or escalator.

In order to succeed in a premises liability claim, the plaintiff must prove that the property owner or occupier had a duty of care to the plaintiff, that the duty of care was breached, and that the breach caused the plaintiff's injuries. An attorney with experience in premises liability cases can help you to determine if you have a valid claim.

Who Should a Premises Liability Lawsuit Be Made Against in Massachusetts?

In Massachusetts, a premises liability lawsuit can be made against a property owner or occupier for injuries or damage sustained on their property due to their negligence.

A property owner can be held liable for injuries or damage that occur on their property if they knew or should have known about the dangerous condition and failed to take reasonable steps to correct it or warn of its presence.

An occupier of a property is someone who has control or possession of a property, such as a tenant or a store owner. An occupier can be held liable for injuries or damage that occur on their property if they knew or should have known about the dangerous condition and failed to take reasonable steps to correct it or warn of its presence.

It is important to note that in order to succeed in a premises liability claim, the plaintiff must prove that the property owner or occupier had a duty of care to the plaintiff, that the duty of care was breached, and that the breach caused the plaintiff's injuries.

It's also important to note that in some cases, multiple parties may be held liable for injuries caused by a defective property condition. An attorney with experience in premises liability cases can help determine who may be liable for your injuries.

What Do I Have to Prove in Order to Win a Premises Liability Case in Massachusetts?

In order to win a premises liability case in Massachusetts, the plaintiff (the person bringing the lawsuit) must prove the following elements:

  1. Duty of care: The plaintiff must prove that the property owner or occupier had a duty of care to the plaintiff. This means that the property owner or occupier had a legal responsibility to provide a safe environment and to take reasonable steps to correct or warn of any dangerous conditions on the property.
  2. 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.
  3. Causation: The plaintiff must prove that the breach of duty of care was the cause of the plaintiff's injuries.
  4. Damages: The plaintiff must prove that they suffered actual damages, such as medical expenses, lost wages, or pain and suffering as a result of the injuries.

It's important to note that in Massachusetts, property owners and occupiers have a legal duty to take reasonable steps to protect invitees from known or reasonably discoverable hazards.

The degree of care required may vary depending on the circumstances, such as if the invitee is a child, or if the property is public or private. An attorney with experience in premises liability cases can help you to determine if you have a valid claim and assist you in proving the elements of your claim.

Massachusetts Premises Liability Laws

You can recover compensation when you suffer an injury on someone else's property only if the person owed you a legal duty of care and breached that duty. The specifics of what you are owed by the property owner or renter of the property are going to vary depending upon why you were on the property in the first place:

  • Customers and people invited to a property to do business are classified under Massachusetts law as invitees. They are owed the highest duty of care and property owners must regularly inspect to ensure that there are no dangers or hazards. Any dangers or hazards must be corrected or visitors must be warned about them.
  • Friends, acquaintances, and people invited to a property for a casual visit are classified under Massachusetts law as licensees. They are owed an intermediate duty of care. Property owners or renters in control of the property are obligated to correct any dangers they know about or reasonably should know about, or to warn their guests about those dangers. There is no requirement that these property owners perform regular inspections on the property.
  • Trespassers who enter a property without permission are owed the lowest duty of care. Property owners can't create traps for them and, if they know the trespassers are there, then the property owners may be obligated to warn them of things that are very dangerous on the property. Property owners who have a swimming pool or other enticing item (called 'attractive nuisances' in legal terms) must take additional precautions to protect trespassers.

Once you have determined the type of duty owed to you, you will need to prove that the property owner or occupier/renter fell short of this duty and should thus be considered negligent in the eyes of the law and liable for your injuries. You can prove negligence by subpoenaing records of maintenance, taking pictures of the accident scene or presenting testimony from witnesses on the cause of the accident. An experienced personal injury lawyer can help you to gather and present the evidence needed in a manner that gives you the best chance of making a successful premises liability claim.

To learn more about how a Boston premises liability lawyer can help you after an accident on someone's property, contact Jeffrey Glassman Injury Lawyers today at (617) 777-7777 or using our online form.


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