Boston Premises Liability Lawyers Helping Injured Victims Pursue Compensation
Dedicated Massachusetts Premises Liability Attorneys Protecting Injured Victims
Premises Liability Lawyer In Boston
Property owners in Massachusetts have a responsibility to keep their premises safe for persons who are lawfully on their property. Boston slip and fall attorney Smith and his team of attorneys can help you if you were injured on someone else’s property. Mr. Smith is a seasoned trial attorney who has represented victims of personal injury for over 15 years. His experience in the courtroom is invaluable to advocating for your right to a fair compensation for your injuries. Contact us today to discuss your case.
Premises Liability Cases
Premises liability cases arise under a variety of circumstances. For example, a customer may slip and fall on a wet floor in a shop. A defective condition, such as a broken step, can cause a customer to trip and fall. In some cases, the lack of security, such as poor lighting at night, enables a criminal to commit a crime against another person. While a number of different scenarios exist, the common thread in premises liability cases is that the owner or possessor of the property failed to take measures to protect the victim from injury when it had a duty to do so.
Holding Property Owners Accountable
A person who is injured on another’s property can hold the property owner or possessor liable for his or her injuries. In Massachusetts, a property owner or possessor owes a duty of reasonable care to anyone who is lawfully on his or her property. They must maintain the property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others; the seriousness of the injury; and the burden of avoiding the risk. An owner or possessor must also warn visitors of any unreasonable dangers of which he or she is aware or should reasonably be aware. A property owner that breaches his or her duty of care can be held liable if the plaintiff can demonstrate that the breach caused his or her injuries and related damages.
Trespassers And Attractive Nuisance
Massachusetts protects trespassing children under its attractive nuisance doctrine. If there is an artificial condition on the property, a property owner can be liable for a child trespasser’s injuries if:
- The owner knows, or has reason to know, that children are likely to trespass where the condition exists;
- The owner knows, or has reason to know, that the condition poses an unreasonable risk of death or serious harm to children;
- The children are too young to realize the danger posed by the condition;
- The benefits of maintaining the condition and burden of eliminating the danger are minimal compared to the risk to children; and
- The owner does not exercise reasonable care to remove the danger or otherwise protect children.
While a property owner’s duty of reasonable care applies to children who trespass, it does not extend to adult trespassers.
Negligent Security
A plaintiff who is injured due to a lack of adequate security can hold the defendant liable under a theory of negligent security. Property owners in Massachusetts have a duty to protect lawful visitors from foreseeable injuries that may be inflicted by a third party. If a property owner fails to provide adequate security on their property, he or she may be held liable for the injuries caused by a criminal or other third party.
Compensation And Recovery Of Damages
If you were hurt on someone else’s property, you may be able to recover damages from the property owner or possessor. You may be entitled to compensation for your medical care, lost income, property damage, and pain and suffering. You may be able to file a wrongful death suit on behalf of your loved one if their injuries resulted in death. You can recover for your relative’s medical bills, funeral and burial expenses, and loss of consortium.
Determined Legal Representation
Michael O. Smith is a Boston premises liability lawyer with significant experience representing victims of personal injury. He advises clients on their rights, negotiates with insurers, and advocates for his clients’ interests at trial. Mr. Smith is committed to providing individualized services to his clients. Serving clients via offices in Boston, he provides representation that specifically addresses the needs of each particular case. To discuss your premises liability case, call us at 617-263-0060 or reach us online to arrange a free initial consultation.
Boston Premises Liability Lawyers Serving Injured Victims Throughout Massachusetts
When you are injured because of a dangerous or unsafe condition on someone else’s property, you may have questions about who is responsible and what legal options may be available. Property owners and occupiers can have legal duties to maintain reasonably safe premises and address hazards that may cause foreseeable injuries. Premises liability cases can involve much more than a simple slip and fall. Depending on the circumstances, an injury may result from inadequate maintenance, unsafe stairs, poor lighting, dangerous walking surfaces, inadequate security, defective property conditions, or other hazards.
Mass Injury Group Injury & Accident Attorneys represents injured individuals in Boston and throughout Massachusetts. Our premises liability attorneys investigate how an injury occurred, identify potentially responsible parties, evaluate available evidence, and help clients pursue compensation for qualifying injuries and losses.
A premises liability claim may involve questions such as:
✓ Was there a dangerous condition on the property?
✓ Did the property owner or occupier know about the condition?
✓ Should the condition reasonably have been discovered?
✓ Was the hazard repaired or corrected?
✓ Were appropriate warnings provided?
✓ Was the injury reasonably connected to the dangerous condition?
✓ What injuries and financial losses resulted?
What Is Premises Liability in Massachusetts?
Premises liability generally concerns injuries caused by dangerous or unsafe conditions on property. Depending on the circumstances, a property owner, occupier, business, landlord, manager, or another responsible party may have a duty to exercise reasonable care toward people who are lawfully on the property.
Common Types of Premises Liability Accidents in Boston
Premises liability injuries can occur in many locations, including homes, apartment buildings, retail stores, restaurants, offices, parking areas, hotels, recreational facilities, and other properties.
Slip and Fall Accidents
Wet floors, spills, ice, snow, uneven surfaces, poor maintenance, and other dangerous conditions can cause people to slip, trip, or fall.
Trip and Fall Accidents
Broken sidewalks, defective stairs, uneven flooring, loose carpeting, potholes, inadequate lighting, and other property conditions may contribute to a trip-and-fall injury.
Stairway Accidents
Broken steps, missing or inadequate handrails, poor lighting, defective stair surfaces, or other hazards can increase the risk of serious falls.
Snow and Ice Accidents
Winter weather can create hazardous conditions on sidewalks, parking lots, entrances, and other areas where people are expected to walk.
Property Maintenance
Property owners and occupiers may face legal issues when known or reasonably discoverable hazards are not properly repaired, maintained, or addressed.
Negligent Security
In certain circumstances, inadequate lighting, security measures, access controls, surveillance, or other safety measures may contribute to injuries caused by foreseeable criminal activity.
Frequently Asked Questions About Premises Liability in Boston
A Boston premises liability lawyer investigates whether a dangerous property condition contributed to an injury, identifies potentially responsible parties, gathers relevant evidence, communicates with insurers, evaluates damages, and pursues available legal remedies.
Potentially. A slip and fall may support a premises liability claim when a dangerous property condition and another party’s legal responsibility can be established. The specific circumstances must be evaluated under applicable Massachusetts law.
Evidence may help establish the dangerous condition, the property owner’s or occupier’s knowledge or constructive knowledge of the condition, the duty owed, the failure to exercise reasonable care, and the connection between that failure and the injury.
You may still have a potential claim. Photographs, videos, witness statements, incident reports, surveillance footage, maintenance records, and other evidence may help establish what the condition was like when the accident occurred.
Potentially. Businesses may have legal duties toward customers and other lawful visitors. Whether a claim exists depends on the circumstances of the accident and the applicable law.
Depending on the facts and applicable law, compensation may potentially include medical expenses, lost income, rehabilitation costs, pain and suffering, permanent impairment, and other losses related to the injury.
Comparative-fault principles may affect a claim when an injured person and another party both contributed to an accident. The effect depends on the specific facts and applicable Massachusetts law.
The applicable deadline depends on the type of claim and the circumstances. Because missing a legal deadline can affect your rights, you should obtain case-specific legal advice as soon as reasonably possible after a serious injury.
You may be contacted by an insurer after an accident. Before providing detailed statements about fault or accepting a settlement, consider obtaining legal guidance so you understand your rights and the potential value of your claim.
Mass Injury Group Injury & Accident Attorneys can investigate the circumstances of your injury, identify potentially responsible parties, preserve evidence, communicate with insurance companies, evaluate damages, and pursue compensation when a viable premises liability claim exists.
Can a Tenant Be Responsible for a Premises Liability Accident?
Potentially. Responsibility may depend on who owned, occupied, controlled, maintained, or was otherwise responsible for the area where the accident occurred.
For example, a property owner and commercial tenant may have different responsibilities depending on their agreement and the circumstances. Maintenance companies and other contractors may also have responsibilities.
Determining who controlled the dangerous area is therefore an important part of investigating a premises liability claim.
CLIENT TESTIMONIALS
Real Stories from Real People
I got in an accident and Tyler took care of me. He was quick to respond when I had questions. He didn’t let the insurance company take vantage of me.Tyler got me what I deserved. I definitely recommend him.
– Brian Derosier
Tyler Langlais esq., quickly litigated and settled my case. He was extremely professional, down to earth, and very smart. I would recommend Tyler and his team of law professionals to all family and friends of mine.
– Jim DeStefano
This Law office is great, Tyler A. Langlais was able to help me each step of the way after my car accident. Very responsive, professional, and outstanding support. Process was quick and simple, and same goes to the rest of the Attorneys. I strongly recommend it 🙂
– Alex Ventura
Attorney Michael Smith was very accommodating. I hate traveling into the city dealing with traffic, so he met me locally. He negotiated a fair settlement and I’m satisfied with his counsel.
– Myrienne