Have you been injured on someone's property? You deserve compensation. Contact Cutler & Associates to schedule your free consultation.
If you are harmed on someone else's property, whether it is owned by a company, a private citizen, or a public entity, you might have a premises liability claim. If the owner's negligence causes you harm, you may pursue legal action against them. You could potentially be compensated for lost pay from being unable to work, pain & suffering from injuries, and medical expenses. Speak with an experienced Massachusetts premises liability attorney as soon as possible to see if you are eligible for compensation. They'll ensure property owners are held responsible for their carelessness.
Massachusetts premises liability is a legal concept that holds property owners and occupiers responsible for ensuring the safety of their premises for those who enter. This area of law is part of the larger umbrella of personal injury law. It deals with accidents and injuries on someone else's property, whether a home, business, public space, or any other type of property.
Under premises liability law in Massachusetts, property owners and occupiers must keep their property reasonably safe and warn visitors of any dangers that might not be obvious. Premises liability claims involve a wide range of injuries occurring from various accidents. A few examples include slipping and falling on a wet floor in a grocery store, getting attacked by a dog, tripping over broken pavement on a sidewalk, and much more.
The Role of Negligence
Negligence is the failure to exercise the level of care that a reasonably prudent person would under similar circumstances, which results in harm or damage to another person or their property.
Proving that a property owner or other responsible party is liable for your damages in a particular case involves demonstrating that the defendant knew or should have known about the hazardous condition and failed to take reasonable steps to fix it. Some examples are a broken stair at an apartment complex that was never repaired or a lack of snow and ice removal in the winter that led to slip-and-fall accidents.
Massachusetts law imposes a statute of limitations on premises liability claims. The statute of limitations refers to the legal time limit for a person to file a lawsuit after an accident. This time frame varies depending on the type of case or claim.
For premises liability, victims typically have three years from the date of the injury to file a lawsuit. If a lawsuit is not filed within the specified period, the right to sue could be forfeited, and the courts will likely refuse to hear the case.
If you've suffered an injury on a rental property in Massachusetts, know that the law is on your side. With the right legal guidance, you can hold the negligent party accountable and secure the compensation needed to recover from your injury.
The extent of a property owner's liability can vary depending on the status of the person entering the property. The law generally recognizes three categories of people who can file a claim for damages under Massachusetts:
A slip on an icy walkway, a tumble down poorly lit stairs, or a trip over a hidden hazard in a store are all examples of accidents that can easily alter the course of your life for several months afterward or even permanently. This is why it is so important to hold negligent property owners and other liable parties accountable for such injuries when they could have been easily prevented. Here are some of the most common incidents we see in personal injury lawsuits in Massachusetts:
Accidents involving slips and falls are more common than people realize, and can have long-term effects. According to the National Floor Safety Institute, slips and falls cause over one million visits to the emergency room annually. Among the most typical injuries from a fall are the following:
Injuries from slips and falls can cause pain, decreased movement, or paralysis. Additionally, these physical conditions may result in long-term financial problems related to medical costs, rehabilitation expenses, and lost income from being unable to work. It is only fair that the negligent property owner who could have prevented an injury should be held accountable to pay for the damages sustained by the injured party.
There are many actions that responsible property owners should take to regularly ensure their property is safe for visitors. Here are some of the ways that property owners can make sure to avoid premises liability claims against them:
While this list is in no way exhaustive, it’s a good starting point. Specific steps should be taken based on what kind of property it is and whether it is for consumer use.
Premises cases hinge on the principle that property owners must ensure their premises are safe for visitors. The “open and obvious” legal doctrine refers to conditions on a property that are so apparent that anyone can reasonably be expected to notice them and avoid harm. Here are a few examples:
The law assumes the visibility of these kinds of dangers serves as a warning, reducing the property owner's duty to address them directly. However, an open and obvious hazard does not automatically absolve property owners of all responsibility. They still owe a duty of care to ensure their property does not present unreasonable risks to visitors, even when those risks might seem apparent.
The pivotal question in these cases often centers on the foreseeability of the accident. Could the property owner reasonably foresee that the open and obvious hazard could cause harm?
If yes, the property owner may still be held liable for injuries. This consideration underscores the importance of examining each incident's specifics, as the details can influence the case's outcome. For instance, if an open and obvious hazard exists where distractions are prevalent, the property owner might foresee that visitors might overlook the danger.
A premises liability claim involving an open and obvious hazard requires a sophisticated legal strategy. Attorneys often focus on the foreseeability of the accident and whether the property owner took adequate steps to mitigate the risk. This approach requires gathering extensive evidence, including witness statements, photographs of the scene, and expert testimony on safety standards.
Massachusetts law also considers comparative negligence. This concept means the court will assess whether the injured party shared any responsibility for the accident. Even if the hazard was open and obvious, you might still recover damages if the court finds the property owner's negligence contributed more significantly to the incident.
Premises liability cases involving open and obvious hazards present unique challenges. Have you suffered an injury due to an open and obvious hazard on someone else's property? Consider securing the legal support of an attorney. Here at Cutler & Associates, we can hold property owners accountable for their negligence to help you recover the compensation you deserve.
The steps you take following an injury on someone else’s property can impact the outcome of a premises liability claim, should you need to file one. Here are some steps you can take to protect your rights after being injured:
Seek medical assistance immediately, even if you don't believe that you have any serious injuries. Some pain is masked by adrenaline after a traumatic event, so it’s important to be evaluated by a medical professional. You should get the care you need and create a record of your treatment, which is crucial evidence for a premises liability claim.
It can be helpful to take pictures and videos of the area, injuries, and any visible hazards that may have contributed to your injury. These images may be used to support a claim for damages.
If anyone witnessed what happened, make sure you get their contact information. Their account of what occurred could prove to be valuable testimony to support your claim for compensation.
Always make sure to notify the property owner or other responsible party when an accident happens. If your accident happened in a business such as a grocery store, they will likely make a report of the incident for their files.
Once you've been evaluated by a doctor and your injuries have been stabilized, it's time to consult a Massachusetts premises liability lawyer. Cutler & Associates has a team of lawyers experienced with premises liability claims. We know how to negotiate with insurance companies to get you the best possible settlement.
Insurance companies act as the financial backbone for property and business owners. They cover incidents on their customers’ premises, such as residential homes, retail stores, or commercial buildings. The liability policy is designed to cover the costs associated with injuries and damages. The primary role of insurance adjusters is to protect their policyholder's interests and minimize financial loss.
Once a claim is filed, the insurance company's adjusters begin their work, assessing liability and damages. They review the incident's circumstances, evaluating whether their policyholder is at fault under Massachusetts law. This process involves analyzing evidence, including accident reports, witness statements, and medical records.
Dealing with insurance companies often involves extensive, back-and-forth negotiation talks. Insurers use tactics aimed at settling claims for as little money as possible. Remember, insurance companies care more about their bottom line than your well-being. If you attempt to negotiate a settlement without a lawyer representing you, you will likely not be offered as much as if you have legal counsel. Having a skilled attorney negotiate on your behalf ensures you will not be offered unfair settlement amounts that do not cover the full scope of your damages.
Insurance companies extend settlement offers to resolve premises liability claims. Accepting an offer too quickly, without a thorough evaluation of its adequacy in covering all expenses and future needs, can lead to financial difficulties down the line. Hiring a premises liability lawyer will ensure that all of your damages have been investigated thoroughly so you don’t leave any money on the table.
Premises liability claims may proceed to litigation if a fair settlement cannot be reached after the initial demand is made. Here, the role of insurance companies extends into the court system, where they provide legal representation for the policyholder. In other words, they’ll have attorneys fighting for them, so you need a skilled legal team on your side as well.
Insurance companies undeniably have an influence on the outcome of your claim. The ultimate goal is to secure a settlement that adequately compensates you while hopefully avoiding the expense and time that a trial will cost.
What is a premises liability lawsuit? It's a legal action brought against the owner or occupier of a property when someone is hurt there due to a dangerous condition. For instance, a person may sue the owner of a retail establishment for premises liability if they trip and fall on loose carpeting or uneven flooring while there.
The injured person must demonstrate that the defendant was aware of the hazardous condition and did not take appropriate action to remedy it, or even worse, that the property owner intentionally created a dangerous situation.
The injured party must also demonstrate that the harmful environment directly contributed to the damages they sustained, such as lost wages, medical costs, and other injury-related damages.
A person must be able to demonstrate that the property owner was negligent. Under Massachusetts law, the plaintiff must demonstrate the property owner owed the injured victim a duty of care (only if disputed), that the duty was broken, and that the injury resulted from the owner's actions. The plaintiff must also demonstrate the extent of the harm, which is known as damages. Typically, for a plaintiff's premises liability claim to be successful, all four case components must be proven. Here is a deeper explanation of each of these four elements:
Property owners are obliged to take reasonable precautions to ensure that guests are safe and that there are no risks. For instance, the responsibility of the property owner is to eliminate or alert others to potential trip and fall hazards, such as loose carpets, damaged handrails, or slick flooring. Therefore, the duty of care is inherent for property owners, depending on the type of visitor you were to the property at the time of the incident. This element of a premises liability claim may not need to be proven if it is not disputed. The plaintiff only needs to prove that a duty was owed if it is disputed.
You can establish this aspect of negligence by showing the property owner should have known about the danger or was aware of it and did not take the appropriate action to remedy it. For example, the property owner might be held accountable for accidents caused by uneven stairs or slick flooring if they don't repair or maintain them.
You also need to show the breach described above actually caused the injury. A clear and direct connection between your injuries and the property owner's conduct must exist. If someone slips and breaks a bone in the fall due to a spill on a floor where there was no sign warning of wet floors, that is an example of causation.
You must be able to show that your injuries resulted in actual damages. These damages refer to pain and suffering, lost wages, medical bills, and other actual damages which occurred. This is usually easily evidenced through copies of your medical invoices, paystubs, and other documentation showing the cost of the damages that resulted from being injured.
In premises liability cases, liable parties vary depending on the circumstances and injury specifics. Here are some of the key entities or individuals who might be sued:
Premises liability laws hold property owners or managers responsible for their negligent conduct. Depending on the unique circumstances of your situation, different parties could be held responsible, and sometimes, there may be more than one responsible party. The potential defendants include the following:
Owners
Lessees
Tenants
On-site business operators
Third-party contractors
There are different types of damages potentially available to you as an injured party in a premises liability claim, depending on the circumstances of your situation. Most often, plaintiffs are eligible to receive compensatory damages, which include both easily calculable things like medical bills, as well as less tangible but equally important damages such as pain and suffering. The two categories of compensatory damages are economic and non-economic.
Here are the most common economic damages you can potentially claim if you were hurt on someone else’s property:
Make sure to keep detailed records of all expenses and losses related to the injury. Those documents will be used to calculate your economic damages.
Non-economic damages refer to the compensation awarded for losses that do not have a direct financial cost associated with them. These damages are intended to cover the impacts of an injury that are more subjective and harder to quantify in monetary terms. Here is a list of common non-economic damages:
Non-economic damages are more subjective, and their valuation can vary from case to case. The injury's specific circumstances, the impairment's severity, and its impact on the individual's life are all considered when determining the amount awarded.
After being injured on someone else’s property, you are likely unsure of what to do next. You may be feeling the stress of mounting medical bills and lost wages, but the whole idea of going to court feels incredibly overwhelming. It doesn’t have to be.
Below we will give you a brief overview of the process; keep in mind that when you hire a Massachusetts premises liability lawyer, you will have an advocate handling your case for you so you can put your energy into recovering.
Seeking legal representation is your first step. Look for an attorney with a solid track record in premises liability cases in Massachusetts. During the initial consultation, the attorney will evaluate your case by examining the circumstances surrounding your injury and the evidence available. This meeting helps you understand the viability of your claim and weighs the potential challenges ahead. At Cutler & Associates, we offer free consultations, so there is nothing to lose by calling us today.
Collecting evidence is foundational to building your case. Your attorney will work to gather all pertinent information that could help you build a strong claim, including:
This stage aims to establish the property owner's negligence and the direct link between their negligence and your injury.
Once you have sufficient evidence, your attorney will file a premises liability claim. This claim is typically filed against the property owner's insurance company. It outlines the nature of your injuries, the circumstances leading to the accident, and the total damages you seek.
Most premises liability cases in Massachusetts are settled out of court through negotiations with the insurance company. Armed with the evidence collected, your attorney will engage in discussions to negotiate a fair settlement. The goal is to compensate you for medical expenses, lost wages, pain and suffering, and other damages without a trial.
If preliminary negotiations do not result in a satisfactory settlement, the next step is to file a lawsuit. This action moves your case into the Massachusetts court system. Filing a lawsuit does not guarantee a trial. In fact, it often ignites more serious settlement discussions. However, your attorney can argue your case at trial if necessary.
The discovery phase follows the filing of a lawsuit. During this period, both parties exchange detailed information about the case. This can include depositions (sworn, out-of-court testimonies), requests for documents, and interrogatories (written questions that must be answered under oath). Discovery aims to clarify the facts of the case and further build each side’s arguments.
Even after a lawsuit is filed, settlement discussions often continue. In many cases, a neutral third party, a mediator, may be involved in facilitating these discussions. Mediation offers a chance to reach a settlement while avoiding the high-cost and unpredictability of a trial. Your attorney will continue to advocate for your best interests, ensuring any settlement offer fully covers your damages.
Personal injury cases may also be settled in binding arbitration, where the parties agree to settle the case before an arbitrator, and the outcome and award of damages is binding (final and enforceable) upon the parties.
If settlement discussions, mediation, or arbitration do not produce a successful outcome, your case will go to trial. Both parties present their evidence and arguments during the trial before a judge or jury. Your attorney will prepare a compelling case, calling on witnesses and expert testimony to support your claim.
After the trial, the judge or jury will render a verdict. If the decision is in your favor, they will also determine the compensation you are entitled to receive. This compensation aims to cover all your damages, including those without a direct financial cost, like pain and suffering.
The conclusion of a trial is not always the end of the legal journey. The losing party can sometimes appeal the decision, potentially extending the legal process. Appeals focus on legal errors which might have occurred during the trial, not on re-evaluating the facts of the case. Your attorney can guide you through this process should it become necessary.
Property owners have several defenses at their disposal to contest premises liability claims. It is important to be aware of what their arguments may be so you can counter them. Listed below are some of the most common defenses in premises liability cases.
Facing these defenses requires a comprehensive strategy, emphasizing the need for meticulous evidence collection, expert testimony, and a deep understanding of Massachusetts premises liability law.
An experienced attorney brings a strategic approach which you will need to win fair compensation. Insurance companies have teams of skilled lawyers who use underhanded tactics to try to downplay your injuries or blame you for your accident. Having an attorney representing you ensures that you can successfully challenge the defenses put forth by property owners. You can effectively fight for justice and compensation with the right strategy and legal support.
Have you been injured on someone's property? At Cutler & Associates, we understand the physical, emotional, and financial toll these accidents can impose. With over seventy years of legal experience, our commitment to excellence and compassionate approach have given thousands the rightful compensation they deserve.
It's time to reach out to a team which stands for excellence, empathy, and effective representation. Call us today at (800) 600-4000 or (617) 542-5000. Let us turn this challenging chapter into an outcome which reflects true justice for you and your family. Together we will make Massachusetts a safer place for everyone by holding property owners and businesses responsible.