Premises Liability Litigation Attorney
A person who owns or is in control of property has duty under Massachusetts law to maintain that property in a reasonably safe condition for all people who are lawfully on the premises. If a person is invited onto a property, either as a visitor or patron, and is injured due to an unsafe condition, that person can file a “premises liability” claim seeking compensation from the responsible party for the injuries suffered.
Pursuing a premises liability claim can be stressful and, at times, complicated. You may be dealing with serious injuries, medical expenses and time from work and may not know which begin to protect your interests.
Our attorneys at Equitas Law Have represented parties to premises liability actions for more than 20 years. We can help you through the process and maximize your recovery at every stage of the action.
Massachusetts Premises Liability Laws
The duty of care you are owed depends on the reason you are on certain property:
- Invitee. Customers and people invited to a property to do business are classified under Massachusetts law as invitees, who are owed the greatest duty of care. Business owners have a duty to regularly inspect their property in to ensure that there are hazards into either correct the condition or ensure that those present are adequately warned of the danger.
- Licensees. A licensee is usual someone invited to a house, apartment or property for a casual or social visit. Property owners or renters heavy duty to Correct any hazardous conditions they know about , or reasonably should have known about, or to warn their guests of these conditions. Generally, licencees are not owed a duty of regular inspections.
- Trespassers. Trespassers are those who are on the property illegally. The only duty of care owed to trespassers is for the property owner to refrain from willful or wanton harm, Such as creating traps or not taking sufficient precautions as to an “attractive nuisance” such as a swimming pool.
Of course, the duty of reasonable care does not make a landowner or occupier an insurer of the property or impose undue burdens. It only requires that they act as an objectively reasonable land owner would act under the same or similar circumstances.
For example, the property owner or occupier has no duty to warn of a risk that would be obvious to a person of average intelligence, as that person would be expected to use their faculties for their own protection and to guard themselves from all obvious hazards.
Free Consultation on any Massachusetts Premises Liability Matter
If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at email@example.com or use our contact form, above. We will listen to the facts of your case, address your concerns and let you know what your options are.
The initial consultation is free and there is no pressure to hire. If you choose to hire us, we will give you a reasonable fee agreement, including possible contingency fee and hourly options.
Premises Liability FAQ
The property owner or occupier has no duty to warn of a risk that would be obvious to a person of average intelligence, as that person would be expected to use their faculties for their own protection and to guard themselves from all obvious hazards.
In Massachusetts, a person must file in court a complaint for negligence, including an action based upon premises liability, within 3 years from the date of the accident. If the statute of limitations is missed, the case will be dismissed.
No, the property owner, in addressing snow and ice, must “act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk.” Under this traditional premises liability standard, a fact finder will determine what snow and ice removal efforts are reasonable in light of the expense they impose on the landowner and the probability and seriousness of the foreseeable harm to others.”
This is what attorneys are for! You absolutely should not speak with insurance company of the person responsible your injuries. Very often, the insurance company will not be forthcoming about your rights and will frequently attempt to have you except an offer that is far less than the value of your case.