Property Owners Have a Duty to Keep You Safe
When you enter someone else’s property — a store, apartment building, office, restaurant, or even a neighbor’s home — the property owner has a legal duty to maintain reasonably safe conditions. When they fail to do so and you are injured as a result, you may have a premises liability claim for your damages.
What Is Premises Liability in Massachusetts?
Premises liability is a branch of personal injury law that holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. Common premises liability cases include slip and fall accidents on wet or uneven floors, trip and fall injuries caused by broken steps, torn carpeting, or sidewalk defects, inadequate security that allows a criminal assault to occur, swimming pool accidents, dog bites on the owner’s property, and fire injuries caused by the absence of working smoke detectors.
What You Must Prove in a Massachusetts Premises Liability Case
To succeed on a premises liability claim in Massachusetts, you must establish that the property owner owed you a duty of care as a lawful visitor, that a dangerous condition existed on the property, that the owner knew or reasonably should have known about the condition and failed to fix it or warn visitors, and that this failure directly caused your injury and damages. The third element — what the owner knew and when — is often the most contested issue in these cases.
The Importance of Acting Quickly
Evidence in premises liability cases can disappear quickly. Surveillance footage is typically overwritten within days. The dangerous condition that caused your fall may be repaired immediately after the incident. An incident report filed at the scene is one of the most important pieces of evidence. Our attorneys act immediately after a premises liability accident to request surveillance footage, interview witnesses, and document the hazardous condition before it is altered.
Damages Available in Massachusetts Premises Liability Cases
Premises liability victims can recover medical expenses, lost wages, future medical costs, pain and suffering, permanent disability, and emotional distress. In cases involving inadequate security leading to assault, additional damages for the psychological impact of the attack may also be available.
Call Larson Law for a Free Premises Liability Consultation
If you were injured on someone else’s property in Massachusetts, call Larson Law at 508-888-8888. We offer free consultations and handle all premises liability cases on contingency — no fee unless we win.