Fall River Premises Liability Lawyer

Premises liability is the body of tort law that holds property owners and occupiers responsible when a visitor is injured by an unreasonably dangerous condition on the land. In Massachusetts, this duty is defined by decades of Supreme Judicial Court (SJC) precedent, the Restatement (Second) of Torts § 343, and statutory rules governing fault allocation. Understanding these legal contours and how they play out in a city like Fall River, with its historic mill buildings, waterfront attractions such as Battleship Cove, and busy retail corridors, helps injured victims protect their rights and recover full compensation. Our Fall River premises liability attorneys have the experience you need to recover the maximum compensation you deserve. Contact us now for a free consultation.

An experienced Fall River personal injury team can help you gather and present the evidence needed in a manner that gives you the best chance of making a successful premises liability claim.

Under § 343 of the Restatement of Torts, adopted by the SJC, a possessor of land is liable to invitees for physical harm caused by a condition on the land if the possessor:

• Knows of or, through reasonable care, should discover the hazard and realize it poses an unreasonable risk
• Should expect visitors will not discover or protect themselves from that danger
• Fails to exercise reasonable care to make the premises safe

Massachusetts abandoned the old distinction between “natural” and “unnatural” snow and ice in Papadopoulos v. Target Corp., imposing a uniform standard of reasonable care for all snow- and ice-related hazards.

Traditionally, plaintiffs had to show that the owner had either actual notice of a defect (for example, a spill that employees saw but ignored) or constructive notice (the defect existed for a sufficient period that an attentive owner would have discovered it). In modern commerce, that strict rule can be unfair. The SJC’s decision in Sheehan v. Roche Bros. adopted the “mode-of-operation” approach: when a business’s self-service setup foreseeably creates recurring hazards, the plaintiff can satisfy the notice requirement by proving the injury was attributable to that operating method. Typical examples include self-service produce displays, salad bars, soda fountains, and nightclub dance floors where patrons carry their own drinks.

Massachusetts uses modified comparative negligence. An injured person may still recover even if they share some blame, provided their fault does not exceed 50 percent. Damages are reduced by the plaintiff’s share of responsibility, but are barred entirely at over 50 percent.

In 2021, the SJC reaffirmed that but-for causation is the default standard in negligence actions, even when multiple causes combine, rejecting the “substantial factor” test except in rare toxic-tort contexts. Plaintiffs must show that the harm would not have occurred “but for” the defendant’s negligence.

Fall River’s geography and economy present unique risks that regularly generate premises claims:

• Snow- and ice-covered parking lots along the Brayton Avenue retail strip after coastal freeze-thaw cycles
• Worn stair treads and loose railings in historic tenement buildings on Columbia and Bedford Streets
• Slick galley decks at Battleship Cove when visitor traffic meets inclement weather
• Spilled food and drink during summer festivals along the Taunton River waterfront
• Inadequate lighting in older mill-conversion apartment complexes creates trip hazards in common corridors
• Negligent security at nightlife venues in the downtown cultural district

Because Massachusetts premises liability hinges on reasonableness, a fact-intensive inquiry, early investigation, and preservation of evidence are critical. An experienced attorney from Jeffrey Glassman Injury Lawyers can:

• Dispatch investigators quickly to photograph the hazard before it is repaired or melts away
• Obtain incident reports, maintenance logs, and surveillance footage through spoliation letters and discovery
• Identify building-code or ADA violations with help from safety engineers
• Interview eyewitnesses while memories are fresh
• Consult medical experts to link the mechanism of injury to the accident scene
• Calculate full damages, including future medical care, diminished earning capacity, and non-economic losses
• Negotiate with insurers who often undervalue slip-and-fall cases or aggressively pursue litigation in Bristol County Superior Court.
• Counter comparative-fault defenses by demonstrating how the hazard was not open and obvious, or how management’s policies encouraged risky conditions.

To win compensation, plaintiffs must prove duty, breach, causation, and damages. High-quality evidence may include:

• Scene photographs or video showing the precise location and nature of the defect
• Maintenance and inspection records demonstrating a lack of reasonable care
• Prior incident data(for example, earlier falls in the same aisle) establishes foreseeability
• Expert testimony on building-code non-compliance, lighting levels, coefficient-of-friction measurements, or security adequacy
• Medical records and expert opinions confirming the injury’s connection to the incident and future limitations
• Economic documentation such as wage statements, tax returns, and life-care plans

Successful premises liability plaintiffs can recover:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering and loss of life’s pleasures
• Scarring or disfigurement damages
• Loss of consortium for qualifying spouses
• Wrongful-death damages when negligence leads to a fatal injury

Punitive damages are generally unavailable in ordinary negligence actions but may be awarded in wrongful-death suits involving gross negligence or willful misconduct.

• Three-year limitations period: Most premises liability claims must be filed within three years of the injury (Mass. G.L. c. 260 § 2A).
• Governmental defendants: Claims against the Commonwealth or its subdivisions (e.g., a slip at Fall River Heritage State Park) require written presentment within two years under the Massachusetts Tort Claims Act (G.L. c. 258 § 4) and filing suit no later than three years.
• Minors and incapacitated persons: The clock may be tolled until the disability ends; however, evidence should be gathered immediately while the conditions remain unchanged.

• Retailers and the “mode-of-operation” expansion: Courts continue to apply the doctrine to self-service drink stations, salad bars, and entertainment venues where customers reasonably handle items that can fall or spill.
• E-discovery of surveillance video: Judges increasingly expect defendants to preserve digital footage; spoliation instructions can shift the burden if recordings are erased.
• Statute-of-repose carve-outs: In 2025, the SJC clarified that the six-year statute of repose does not bar contractual indemnification claims, signaling a strict reading that may affect premises defect suits involving design professionals.
• Focus on security failures: With rising incidents at entertainment venues, negligent security premises claims, such as inadequate lighting, broken locks, or the absence of security personnel, are resulting in higher settlements.

• Comparative negligence: Alleging the plaintiff ignored posted warnings or wore improper footwear.
• Open-and-obvious hazard: No duty to warn of dangers a reasonable person would notice. (The SJC treats open-and-obvious conditions as a factor in duty and causation, not an automatic bar.)
• Independent contractor doctrine: Attempting to shift blame to snow-removal or janitorial vendors.
• No notice: The hazard arose too quickly for reasonable discovery, which is countered by the mode of operation in self-service contexts.
• Recreational-Use statute: Limiting liability when land is offered to the public free of charge, though exceptions apply for “wilful, wanton, or reckless” conduct.

• Local knowledge: Our firm has navigated Bristol County courts and understands how Fall River’s aging infrastructure and maritime climate create unique hazards.
• Proven track record: We have secured multimillion-dollar results for slip-and-fall, negligent security, and snow and ice victims throughout southeastern Massachusetts.
• No fee unless we recover: You owe nothing unless we obtain a settlement or verdict in your favor.
• Full-service litigation team: In-house investigators, medical-records specialists, and trial attorneys prepare every case as if it will go before a jury.
• Cutting-edge technology: From 3D scene scanning to biomechanical animation, we utilize persuasive visuals to demonstrate liability and damages.
• Client-centered approach: We handle medical bill coordination, lost-wage documentation, and insurer communications, allowing you to focus on your recovery.

If you or a loved one was hurt because a property owner failed to keep their premises safe, whether on Pleasant Street, inside a waterfront restaurant, or at a local shopping plaza, call Jeffrey Glassman Injury Lawyersat(508) 974-3304 or use our online form. The consultation is free, and we will explain your rights, evaluate evidence, and outline the following steps to secure fair compensation.

Fall River Office

99 S Main St #350
Fall River, MA 02721
Phone: (508) 974-3304