Inadequate Maintenance Attorney in Boston
If you’ve been injured because someone else failed to keep their property in a safe condition, you owe it to yourself to contact a skilled and experienced personal injury attorney.
It doesn’t matter if you’ve slipped and fallen on an uneven walkway or suffered a crime-related injury caused by inadequate security. Our attorneys’ experience at the Law Offices of Jeffrey S. Glassman in dealing with these types of premises liability claims ensures you will obtain the maximum compensation for your injuries.
Our attorneys have the knowledge and resources to handle even the most complicated premises liability claims. Because your comfort is important to us, we make every effort to create a smooth process. We can discuss your case with you over the phone or online. We can provide sign-up paperwork digitally, via mail, or in-person in some circumstances. After learning more about your case’s specifics, we will provide advice on the best course of action for you to take.
Our seasoned injury attorneys will fight for you and ensure that you receive maximum compensation for your injuries, lost wages, and pain and suffering. We handle cases on a contingency fee basis, which means you don’t pay a dime unless we can recover money on your behalf.
If a property owner has allowed their property to fall into disrepair, your injuries could be severe and permanent. You shouldn’t pay the price for someone else’s negligence and failure to maintain their property in a safe, hazard-free condition.Massachusetts Law on Personal Injuries from Inadequate Maintenance
Inadequate maintenance falls under the umbrella of premises liability. Premises liability refers to the responsibility that a property owner has to maintain a safe environment for guests entering and otherwise accessing the property.
In Massachusetts, commercial and residential buildings must safely maintain their property and buildings. This includes all areas inside a building, such as stairways, hallways, ceilings, and elevators. This duty also applies to exterior areas such as swimming pools, playground equipment, walkways, parking lots, driveways, and courtyards.
For information on personal injuries or property damage stemming from Massachusetts roadways and walkways that are defective or otherwise in “want of repair or want of railing,” see M.G.L. Chapter 84, §15.
Keep in mind that if you’re injured on someone else’s property, the property owner might not be liable for your injuries. Showing that the property was in an unsafe condition is only the start of a case. You must also prove that the property owner knew or should have known about the inadequate maintenance issue or other dangerous conditions and that they failed to take appropriate steps to fix the problems.
Again, an experienced personal injury and premises liability attorney can assess your case and identify who’s to blame for your injuries.Who’s Responsible for My Inadequate Maintenance Injury?
Many parties could be responsible for an injury caused by inadequate maintenance, including:
- Property owners
- Property management companies
- Homeowner’s associations
- Maintenance companies, including snow removal contractors, landscape companies, and elevator maintenance companies
Commercial and residential properties require a considerable amount of maintenance, both inside and out. Walkways, stairways, parking lots, and elevators are a few of the areas that need to be maintained and kept in a safe condition. Generally speaking, that means that these and other property areas are kept free of debris and other hazards and well lit.
Inadequate maintenance can cause numerous hazards that can result in injury to visitors. Here’s a short list of some more common dangers:
- Snow and ice
- Cracked sidewalks
- Broken locks
- Nonworking security cameras
- Broken lights
- Loose handrails
- Cluttered walkways
- Overgrown vegetation
- Nonworking smoke detectors
- Toxic fumes or chemicals
The most common types of injuries that occur because of inadequate maintenance are slip-and-fall injuries or trip-and-fall injuries. Maybe you tripped on an uneven walkway or slipped on a patch of ice in a store parking lot.
According to the National Safety Council, falls happen all the time and make up almost one-third of all non-fatal injuries in the United States.
Some common injuries that can result from slips, trips, and falls include:
- Broken bones
- Cuts and bruises
- Soft tissue injuries such as ankle and wrist sprains
- Knee injuries
- Joint dislocations, including shoulder dislocations
- Back and spine injuries
- Concussions and traumatic brain injuries
Older adults are particularly vulnerable to these types of accidents and can suffer serious injuries and even wrongful deaths.
According to statistics provided by the Centers for Disease Control and Prevention, every 20 minutes, an older adult dies due to a fall.Swimming Pools, Negligent Security and Other Inadequate Maintenance Issues
Inadequate maintenance is a broad category referring to a specific type of premises liability.
Here are some special situations and conditions that often involve inadequate maintenance:
Snow and ice: New England winters can be brutal and unforgiving, bringing a blast of snow and ice that create hazardous conditions. In general, property owners must take reasonable steps to protect visitors from any known dangers on the premises, including snow and ice. See Massachusetts law about snow and ice to view a compilation of laws, regulations, and cases about the legal responsibilities for snow and ice.
Swimming pools: Both public and private swimming pool owners must keep pools in a safe condition. In Massachusetts, homeowners must enclose their pools inside a four-foot fence with a self-closing lock. If a pool has a diving board, the water must be nine-feet deep in the diving area.
Claims against government entities: Tripping on an uneven city sidewalk or falling down a stairway that was missing a railing on your way to the subway may lead to injuries and a lawsuit against the government. Claims against local or state governments are complicated and have their own set of rules. An attorney will help you pursue a claim against a government entity.
Negligent security: Whether you’re walking down the street, loading packages into your car, or entering the front door of your apartment after the end of a long workday, you’re vulnerable to the criminal actions of others. However, a property owner’s inadequate maintenance and disregard for security measures increase that risk and blame for a crime. In general, property owners must ensure that exterior lights are working, locks are functional, and the property is otherwise secure.An Attorney Can Help You Win Your Inadequate Maintenance Claim
So, you’ve been injured because someone else failed to properly maintain his or her property. What should you do?
First, obtain prompt medical treatment, even if you believe that your injuries are minor. Getting the medical attention you need is important for your health and any case you may want to bring later. Medical documentation is critical in all personal injury cases to show how the incident affected you.
Next, if it is safe to do so, use your cellphone to take pictures of your injuries and the dangerous condition that caused the incident. It’s important that you take photos as soon as possible before the hazardous condition is corrected. After your accident, the property owner could have the snow and ice that you slipped on removed or repair a loose railing that caused you to lose your footing and fall.
Collect contact information from any witnesses. Statements from people at the accident scene could be key to your case.
Your next step is to contact a personal injury and premises liability attorney. A skilled attorney can help you identify witnesses and obtain surveillance footage and other evidence that can help you win your case. An attorney may work with experts to determine how and why an accident happened and calculate the amount of damages you may be entitled to.
An attorney will also deal with any insurance companies involved on your behalf and negotiate a settlement that properly compensates you for your injuries.
If you’ve been offered a settlement for an injury related to a property owner’s inadequate maintenance, consult with an attorney before signing any documents. Once you sign off on a settlement, you have likely closed the door on making any further claims.
Insurance companies are infamous for using tactics geared toward getting you to settle your claim for much less than it’s worth. An attorney will help you understand the long-term effects of your injury—this includes financial, physical, and mental consequences—and help you maximize your recovery.
A good personal injury attorney is not only a skilled litigator but an excellent negotiator. The majority of inadequate maintenance claims and other premises liability claims are resolved through settlement agreements and not in the courtroom. Individuals who are represented by counsel typically obtain larger insurance payouts than those who attempt to deal with insurance companies on their own.
To learn more about how a personal injury and premises liability lawyer can help you after you or someone you love has been injured as a result of another party’s inadequate maintenance, contact The Law Offices of Jeffrey S. Glassman, LLC today at (617) 367-2900 or using our online form.