Plymouth Premises Liability Lawyers
When a careless property owner allows a dangerous condition to linger, an ordinary afternoon at Plymouth Harbor, the Kingston Collection, or a neighborhood apartment complex can end in life-altering injury. Massachusetts imposes a clear legal duty on owners and managers to keep their premises reasonably safe for lawful visitors. Victims who suffer because that duty was breached have the right to seek full compensation, and the civil justice system relies on experienced advocates to enforce those rights. Jeffrey Glassman Injury Lawyers has spent decades standing up for injured residents and visitors across Plymouth County.
The Legal Foundation: Duty of Reasonable CareMassachusetts long ago abandoned the old common-law hierarchy that treated invitees, licensees, and trespassers differently. Today, every lawful visitor is owed the same duty of reasonable care, a flexible standard that requires owners to anticipate hazards, take preventive steps, and warn of dangers that are not open and obvious.
That duty extends to:
- Commercial landlords must inspect common areas such as parking lots, stairwells, and elevators.
- Residential landlords must maintain safe entryways, lighting, and security.
- Municipal agencies that control sidewalks, schools, and public buildings, though special notice rules apply.
- Contractors or snow-removal vendors who assume control over a hazard.
For more than a century, Massachusetts landowners could escape liability for falls on “natural” snow and ice. The Supreme Judicial Court overruled that doctrine in Papadopoulos v. Target Corporation, holding that the same reasonable-care test applies to winter hazards. Owners must now treat snow and ice on walkways and parking areas with the same vigilance expected for any other defect.
Statute of Limitations and Notice DeadlinesTiming is critical in premises liability cases:
- Private property claims: Three-year statute of limitations under G.L. c. 260 § 2A.
- Claims against a city, town, or the Commonwealth: Written presentment must be served within two years, and the lawsuit must be filed within three years, under the Massachusetts Tort Claims Act, G.L. c. 258 § 4.
Missing either deadline almost always bars recovery, so contacting counsel quickly preserves vital rights.
Comparative Negligence and the Open-And-Obvious DoctrineMassachusetts follows a modified comparative negligence system. A plaintiff’s damages are reduced by any share of fault attributed to them, and recovery is barred only if the plaintiff’s negligence exceeds 50 percent of the total. G.L. c. 231 § 85 also abolishes assumption of risk as a defense.
Property owners often argue that a hazard was so obvious that the visitor should have avoided it. While a clearly visible danger can eliminate the duty to warn, it does not erase the duty to remedy an unreasonable condition when the owner should foresee that visitors might still encounter it.
Plymouth-Specific RisksPlymouth’s blend of historic structures, bustling waterfront venues, and suburban retail centers creates unique safety challenges:
- Historic attractions: Uneven cobblestones, narrow staircases, and aging handrails around Burial Hill and the Mayflower II require vigilant maintenance sympathetic to preservation rules.
- Coastal weather: Salt spray and freeze-thaw cycles deteriorate deck boards and exterior steps faster than inland properties, increasing slip risks.
- Seasonal tourism: Summer crowds at Nelson Memorial Park and White Horse Beach can overwhelm staff, making routine inspections more difficult precisely when hazards are most likely to appear.
- Large retail complexes: The Kingston Collection and Colony Place must coordinate with multiple tenants and snow contractors to maintain expansive parking lots and loading docks.
- College housing: Off-campus rentals serving students at Quincy College’s Plymouth campus often struggle with code compliance, especially handrails, smoke alarms, and lighting.
- Slip, trip, and fall accidents occur on spilled liquids, uneven mats, loose floor tiles, broken pavement, and snow-covered stairs.
- Negligent security leading to assaults in apartment complexes, hotels, or bars where prior incidents signaled the need for cameras, guards, or better locks.
- Swimming pool and beach injuries involving inadequate fencing, missing depth markers, or absent lifeguards.
- Falling merchandise or debris in big-box stores and construction sites.
- Dog bites on public or private property where the owner failed to restrain a dangerous animal.
- Elevator and escalator malfunctions in shopping centers and transit hubs.
A successful claim must demonstrate:
Duty – Control over the area where the injury occurred.Breach – A hazardous condition the defendant knew or should have known about; negligence can be shown through inspection logs, building code infractions, or industry standards.
Causation – Medical evidence linking the hazard to the specific injuries.
Damages – Quantifiable losses in the past and future.
Expert testimony from engineers, building code consultants, or snow-removal specialists often turns the tide. Early scene preservation, photographs, video, and weather data are essential because conditions can change within hours.
Damages AvailableVictims may pursue:
- Emergency and ongoing medical costs, including future surgeries or rehabilitation.
- Lost wages, diminished earning capacity, and household services.
- Physical pain, emotional distress, and loss of enjoyment of life.
- Scarring and disfigurement.
- Loss of consortium for spouses and minor children.
- Multiple or punitive damages under Chapter 93A when a business commits willful or knowing misconduct.
- Obtain medical treatment immediately; prompt documentation prevents insurers from claiming the injury is unrelated.
- Report the incident to the property owner or manager and request a copy of any internal incident form.
- Photograph the hazard from multiple angles and, if possible, capture its size, lighting conditions, and any warning signs (or lack thereof).
- Preserve footwear and clothing; tread patterns and contaminants often become evidence.
- Identify witnesses and secure their contact information.
- Contact Jeffrey Glassman Injury Lawyers before giving statements to insurance adjusters.
Our firm has an in-house investigative team, relationships with the foremost safety engineers, and the financial resources to advance all litigation costs. We routinely:
- Deploy rapid-response evidence preservation teams to photograph hazards and secure surveillance footage.
- Issue subpoenas for maintenance records, snow-removal contracts, lease agreements, and internal safety audits.
- Use meteorological experts and building code specialists to reconstruct events and uncover systemic negligence.
- Prepare every file for trial from day one, demonstrating to insurers that we will not settle for less than full value.
Yes. As long as your percentage of fault does not exceed 50 percent, you can recover damages reduced by your share of responsibility under the comparative negligence statute.
How Long Will My Case Take?Simple claims with clear liability may resolve within a few months, while contested cases involving complex medical evidence or multiple defendants can take a year or more. Our litigators keep clients informed at every milestone.
What if the Property Owner Fixes the Hazard After My Fall?Post-incident repairs are generally not admissible to prove negligence, but they can signal that the owner recognized the danger. We document conditions immediately to prevent spoliation.
Is the Landlord Automatically Liable for Injuries Inside a Tenant’s Apartment?Responsibility hinges on control. If the hazard involves a common area or a condition the landlord agreed to repair, liability likely rests with the landlord. For defects entirely within the tenant’s control, the tenant may be the primary defendant.
How Much Does It Cost to Hire Jeffrey Glassman Injury Lawyers?We operate on a contingency-fee basis. You pay no attorney’s fees unless we secure compensation for you, and our initial consultation is free.
Contact Our Plymouth Premises Liability Lawyers TodayIf you or someone close to you was hurt because a property owner ignored safety, the law gives you one chance to demand accountability. Jeffrey Glassman Injury Lawyers combines local insight with statewide resources to maximize that chance. Reach out for a free consultation by calling (617) 777-7777 or completing our online form. Let us shoulder the legal burden while you focus on healing.
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