Springfield Premises Liability Lawyer

When you suffer an injury because a property owner failed to keep their premises safe, Massachusetts law allows you to pursue compensation for your medical bills, lost wages, pain, and other losses. Our Springfield premises lawyers are a dedicated team of trial attorneys representing individuals who have been injured throughout Hampden County. Below, we explain how premises liability works in Massachusetts, what to expect from the legal process, and why working with an experienced Springfield personal injury lawyer can make a significant difference in securing full, fair compensation.

Premises liability is a branch of negligence law that holds property owners and occupiers responsible when they fail to maintain reasonably safe conditions, resulting in an injury to a lawful visitor. Massachusetts courts abolished the historical distinction between “invitees” and “licensees” in Mounsey v. Ellard (1971), adopting a modern, single duty of reasonable care. That means businesses, landlords, and even homeowners must take reasonable steps to identify and rectify hazards, or warn others about them, before injuries occur.

Essential facets of Massachusetts premises liability include:

• Reasonableness standard: Owners must act as reasonably prudent people under similar circumstances.
• Foreseeability: Liability generally arises only for dangers the owner knew or should have known about in time to remedy them.
• Papadopoulos rule for snow and ice: Since Papadopoulos v. Target Corp. (2010), owners are liable for both “natural” and “unnatural” accumulations of snow and ice if they fail to act reasonably.
• Comparative negligence: Under Mass. Gen. Laws c. 231 § 85, an injured person may recover damages if they were not more than 50 percent at fault; their percentage of responsibility reduces their award.
• Statute of limitations: Most premises liability actions must be filed within three years of the injury date, though exceptions can apply to minors and latent injuries.

Premises liability is broader than many people realize. Our Springfield attorneys routinely investigate injuries arising from:

• Slip, trip, and fall incidents in grocery stores, parking garages, apartment hallways, and public sidewalks
• Snow and ice–related falls caused by delayed plowing, sanding, or salting
• Defective staircases and railings that collapse or lack required handrails
• Negligent security at bars, nightclubs, hotels, and apartment complexes leads to assaults or robberies
• Parking lot and garage hazards, such as poor lighting, potholes, and inadequate surveillance
• Swimming pool and hot tub injuries, including drownings and chemical burns
• Playground and amusement park accidents from broken equipment or insufficient supervision
• Animals attack when property owners fail to restrain dogs or other pets
• Toxic exposure claims involving mold, lead paint, or industrial chemicals
• Elevator and escalator malfunctions in malls, hospitals, and office buildings

If your specific situation is not listed, contact us; chances are we have handled a similar case and can explain your rights under Massachusetts law.

Property owners and occupiers must take proactive measures to ensure the safety of visitors. Typical duties include:

• Conducting regular inspections to discover dangerous conditions
• Repairing hazards promptly or cordoning them off until they are fixed
• Posting clear warnings, such as “Wet Floor” signs, when immediate repairs are impossible
• Complying with building codes and safety regulations, providing adequate lighting and security in areas where crime is foreseeable.
• Training employees to recognize and report hazards quickly

When owners cut corners to save money or ignore problems, innocent people suffer. Our lawyers collect maintenance logs, surveillance footage, and witness statements to prove that the defendant breached its duty of care.

To succeed, the plaintiff must establish:

• Existence of a duty: The defendant owed you a duty of reasonable care because you were lawfully on the property.
• Breach of that duty: The defendant failed to prevent or warn of the hazard reasonably.
• Causation: The unsafe condition directly caused your injury, often confirmed with medical records, photographs of the scene, and expert testimony.
• Damages: You sustained quantifiable losses, such as hospital bills, rehabilitation costs, lost income, and non-economic harm like pain, scarring, or emotional distress.

Massachusetts allows comparative negligence defenses, so defendants often argue that the hazard was “open and obvious” or that you were distracted. We anticipate these tactics and gather evidence, such as incident-scene measurements, accident-reconstruction analysis, and prior complaints, to rebut them.

Under the Commonwealth’s modified comparative negligence rule:

• You may recover damages if you are 0 – 50 percent at fault, but your award is reduced proportionally.
• You are barred from recovery if you are 51 percent or more at fault.

Insurance adjusters frequently overstate a plaintiff’s responsibility to minimize payouts. At Jeffrey Glassman Injury Lawyers, we scrutinize every allegation of fault and work with experts, engineers, safety inspectors, and biomechanical specialists to show that the lion’s share of blame rests with the property owner.

Your actions in the minutes and days following an accident can significantly affect your legal claim:

• Seek medical attention immediately, even if injuries seem minor; latent conditions like concussions and internal bleeding often appear hours later.
• Report the incident to the property manager, landlord, or store supervisor and request a written copy.
• Document the scene with photos or video, capturing hazards, lighting, weather, and footwear.
• Before memories fade, collect witness information, names, phone numbers, and brief statements.
• Preserve evidence such as torn clothing, shoes, or receipts proving you were present.
• Avoid giving recorded statements to the property owner’s insurer before consulting counsel.
• Please call our office as soon as possible so we can launch an investigation while the evidence is fresh.

Our firm uses a methodical, hands-on approach:

• Site inspections: We visit the location promptly, sometimes with engineers or certified safety professionals, to document code violations and scene conditions.
• Surveillance footage retrieval: Many businesses overwrite videos within days; we send immediate preservation letters to prevent spoliation.
• Open records and code research: We obtain building permits, prior inspection reports, consumer-complaint histories, and police incident logs.
• Expert analysis: Structural engineers assess defective stairs; weather experts corroborate storm data; security specialists evaluate lighting and staffing.
• Medical coordination: We work with treating doctors to establish causation, future care needs, and permanent impairment ratings.
• Negotiation and litigation: Insurers are aware of our reputation for aggressive trial advocacy. We prepare every file as if a jury will be deciding, thereby strengthening your bargaining position.

Victims are often surprised by the range of recoverable losses. Depending on the facts, you may seek:

• Economic damages
  • Emergency room, surgical, and rehabilitation expenses
  • Future medical costs and assistive devices
  • Lost wages and reduced earning capacity
  • Home-health care and necessary modifications (ramps, grab bars)
• Non-economic damages
  • Pain and suffering
  • Emotional distress, anxiety, depression, PTSD
  • Loss of enjoyment of life and hobbies
  • Disfigurement and scarring
• Wrongful death damages(if a loved one passes away)
  • Funeral and burial expenses
  • Loss of consortium and guidance
  • Loss of net income and services that the decedent would have provided

Punitive damages are rare in Massachusetts negligence cases and usually limited to wrongful death actions involving gross negligence or willful conduct.

In most premises liability cases, you must file suit within three years of the injury. Certain circumstances can shorten or toll the period:

• Government-owned property: You must present a written claim under the Massachusetts Tort Claims Act within two years and then file suit within three years.
• Minor children: The statute may be tolled until the child turns 18, but evidence fades quickly, so early action is vital.
• Discovery rule: If you could not reasonably have discovered the injury (e.g., toxic-mold exposure), the clock may start when you knew or should have known both the injury and its likely cause.

Missing deadlines almost always bar recovery, so do not wait to contact a lawyer.

Q: “Do I need to prove the owner knew about the hazard?”
Yes, but “constructive notice” can suffice. If the danger existed for a sufficient period that a diligent owner would have discovered and rectified it, liability may still attach even without actual knowledge.

Q: “Can I sue if I was trespassing?”
Generally, owners owe trespassers only a duty to refrain from willful or reckless conduct. Exceptions apply for child trespassers under the attractive-nuisance doctrine.

Q: “What if a warning sign was posted?”
A sign may reduce an owner’s exposure, but it does not automatically defeat your claim. Courts examine whether the warning was visible, understandable, and sufficient.

Q: “Will my health insurance have to be repaid?”
Health insurers often assert subrogation liens. We negotiate lien reductions to maximize your net recovery.

• Local Knowledge: Our attorneys reside and work in Massachusetts courts daily, including the Hampden Superior Court located on State Street. We understand local building codes, inspectors, and jury pools.
• Focused practice: Personal injury law is all we do. That singular focus translates to deeper resources, sharper strategies, and better results.
• Proven results: We have secured millions in verdicts and settlements for fall victims, assault survivors, and families grieving wrongful deaths.
• There is no fee unless we win. You pay nothing up front; our fee comes from the recovery we obtain for you.
• Personal attention: From your first call to the final handshake, you will have direct access to your attorney and a dedicated case manager.
• Cutting-edge technology: We utilize 3D scene scans, drone photography, and jury research software to visualize hazards and convey them persuasively to adjusters and juries.

If you or someone you love was injured on another person’s property in Springfield, MA, or anywhere in Western Massachusetts, contact Jeffrey Glassman Injury Lawyers today. The sooner we begin investigating, the stronger your case will be. Call (413) 278-0645 or complete our online form for a free, no-obligation consultation. Let us shoulder the legal burden while you focus on healing.

Springfield Office

1500 Main St, 8th floor
Springfield, MA 01115
Phone: (413) 278-0645