If you or a loved one has been injured due to unsafe conditions on someone else’s property, it’s essential to consult with an experienced premises liability attorney. A skilled attorney can help you understand your legal options, gather evidence, and pursue compensation for your injuries, medical expenses, and other damages. Contact a Massachusetts premises liability attorney today to discuss your case and ensure that your rights are protected.
What is Premises Liability?
Premises liability holds property owners, managers, and sometimes even tenants accountable for maintaining a reasonably safe environment for visitors, guests, and, in some cases, trespassers. Under Massachusetts law, property owners owe different levels of care depending on the status of the person on the property. Visitors are generally in one of three categories:
- Invitees: An invitee is someone who is on the property for business purposes, such as a customer in a store or a contractor hired to perform work. Property owners owe the highest duty of care to invitees and must actively inspect and repair hazards to ensure safety.
- Licensees: A licensee is someone who has permission to be on the property for non-business purposes, such as a social guest at a home. Property owners must warn licensees of any known dangers but do not necessarily need to inspect the property for hidden dangers.
- Trespassers: A trespasser is someone who enters the property without permission. In most cases, property owners owe the least duty of care to trespassers, though they cannot intentionally harm them or set traps. Special rules may apply to child trespassers, such as in cases involving attractive nuisances (e.g., swimming pools).
Common Premises Liability Cases
Premises liability claims arise in a variety of situations where a person is injured due to unsafe conditions on someone else’s property. Here are some of the most common types of premises liability cases:
- Slip and Fall Accidents: One of the most frequent premises liability claims is the slip and fall accident. These accidents can occur in places like grocery stores, shopping malls, office buildings, or even private homes. Slip and falls often occur on wet floors, uneven surfaces, or debris. If the property owner or occupier failed to maintain safe conditions or warn of known hazards, they could be held liable for any injuries resulting from a fall.
Example: If a supermarket fails to clean up a known spill or place appropriate signage to warn customers of a wet floor, and a shopper slips and injures themselves, the store may be liable for the shopper’s injuries.
- Negligent Maintenance: Property owners are responsible for maintaining their premises to ensure the safety of visitors. Failure to make necessary repairs or neglecting basic upkeep can result in accidents and injuries. This includes things like broken handrails, faulty staircases, cracked sidewalks, or poorly lit areas that increase the risk of accidents.
- Inadequate Security: In some cases, premises liability extends to injuries caused by criminal activity due to the property owner’s failure to provide adequate security. For example, if a property owner knows of frequent criminal activity in the area but fails to install security cameras, hire security personnel, or improve lighting, they may be liable for injuries caused by a criminal act.
- Falling Objects: Injuries can occur when objects fall from shelves, displays, or structures on a property. Whether in a retail store, warehouse, or construction site, if property owners do not properly secure items or maintain safe conditions, they may be liable for injuries caused by falling objects.
- Lack of Proper Signage: Property owners are required to place warning signs in areas where there are known dangers, such as wet floors, construction zones, or hazardous chemicals. Failure to post proper signage can lead to accidents, and the property owner may be held accountable for injuries that occur as a result.
Proving Premises Liability in Massachusetts
To successfully recover compensation in a premises liability case, an injured individual must prove the following elements:
- Duty of Care: The property owner or occupier owed a duty of care to the injured party, based on the visitor’s status as an invitee, licensee, or trespasser.
- Breach of Duty: The property owner or occupier breached their duty by failing to maintain safe conditions, repair known hazards, or provide adequate warnings.
- Causation: The unsafe condition directly caused the individual’s injury. It must be shown that the hazard was the direct cause of the accident and resulting harm.
- Damages: The injured party suffered actual damages, such as medical bills, lost wages, or pain and suffering, as a result of the accident.
Statute of Limitations in Massachusetts
In Massachusetts, individuals injured on someone else’s property have three years from the date of the accident to file a premises liability lawsuit. This time limit is critical, as failing to file within the statute of limitations can result in losing the right to seek compensation for injuries.
Example of a Premises Liability Case
Consider the case of a shopper who trips and falls in a store due to an uneven floor that had not been repaired for months. The fall results in a broken ankle, leading to medical bills, lost wages, and physical pain. In this situation, the shopper could file a premises liability claim against the store for failing to repair the dangerous condition or provide a warning about the hazard.
Experienced Premises Liability Attorneys
Contact a Massachusetts premises liability attorney today to discuss your case and ensure that your rights are protected.
