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 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.
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.