Experienced premises liability lawyer serving Metro West, Central Mass, and the County of Worcester in Slip and Fall Accident personal injury claims
Damages Claims Related to Premises Liability Injuries in Massachusetts
If you need a personal injury attorney’s legal advice about your rights in the aftermath of an accident caused by the negligence of a property owner or someone who maintains property with unsafe conditions, it’s crucial that you contact a Worcester premises liability attorney at the law firm of Peter Ventura, Attorney at Law, for a free consultation.
When our legal team reviews your premises liability claim, we’ll be able to identify the dangerous conditions or inadequate security measures that a business owner or property owner should have previously fixed as a part of their duty of care.
We’ll also help you identify any and all potential damages associated with your premises liability case, including medical expenses, lost wages, pain and suffering, among many others. But no matter what dangerous conditions lead to your serious injuries, these types of personal injury cases always require the assistance of an experienced, well-known personal injury lawyer.
So if you or a loved one experienced any kind of fall accident as a result of property owner’s hazardous conditions, it’s crucial that you contact us for a free consultation so we can provide you with a thorough case evaluation and put your premises liability claim in the right direction towards your full and rightful compensation.
The Property Owner’s Responsibility
As a general rule, property owners and apartment complex building managers have an obligation to keep their premises in a reasonably safe condition for tenants, customers, visitors, and passers-by. At the same time, people are generally responsible for watching their step and being generally cautious when walking in parking lots, grocery stores and other common types of property in which the public frequently visits. Massachusetts’ premises liability laws define the rights and responsibilities of owners and everyone else to share space safely.
It is not always easy to tell where the owner’s responsibility ends and the injured person’s begins, which is where these types of personal injury cases become more convoluted. The common defenses within a premises liability case will usually allege the property owner’s lack of opportunity to know of the dangerous condition on their premises, or the general carelessness on the part of the victim.
You can also expect the defendant and its insurer to challenge your injury claims and damages demand, which is where experienced premises liability lawyers like those in our law offices become a crucial game-changer within premises liability accidents.
Types of Premises Liability Cases We Represent
We combine prompt investigation and case evaluation with careful attention to detail in the development and presentation of the liability and damages issues. We advise our clients about their rights and legal options under a wide range of dangerous property conditions and potential premises liability claims, including the following:
- Slip-and-fall or trip-and-fall injuries in dark stairwells, on slippery floors or on uneven sidewalks
- Falling overhead objects in a business owner’s buildings, at job sites, or on the street
- Structurally unsound building components
- Improperly maintained rides at amusement parks
- Severe and fatal injuries suffered in swimming pool accidents
- Dangerous construction site conditions and negligent security on job sites
- Dog bites or other animal attacks
- Negligent security in apartment buildings, hotels, retail stores, shopping malls or parking garages
- Exposure to toxic or hazardous substances
- Elevator and escalator accidents
- Injuries suffered from fires and explosion accidents
- Premises liability cases involving snow and ice
- Wheelchair ramp injuries
- Handrail injuries
- Negligent property maintenance
- Malfunctioning automatic door
- Slip and fall caused by inadequate lighting
- Defective stairs, sidewalks, and walkways
- Premises liability
- Foreign substance on the floor
- Injured during an assault
What Is Negligent Security?
Negligent security is a type of premises liability case. In a negligent security claim, the injured party is arguing that the property owner breached their duty to protect visitors from dangers caused by third parties. These types of cases arise in situations where property owners have reason to believe that there is a risk to their visitors from third parties and fail to take steps to protect them.
For example, a nightclub owner is aware that there have been multiple fights at his establishment in recent months, with several patrons seriously injured in these fights. Despite this, the nightclub owner does not want to hire security or even add a few bouncers to keep things under control. If a patron is hurt in a fight at the club, the owner could be held liable for negligent security.
What Is an Attractive Nuisance?
An attractive nuisance is something on a property that is both dangerous and inviting to a child. In premises liability law, a property owner may be held liable if a child is hurt on an attractive nuisance – even if they trespass onto the property. The reason for this law is simple: children tend to be more curious and less likely to be able to judge the danger of a situation
A classic example of an attractive nuisance is a swimming pool. If a child is hurt in a swimming pool that isn’t properly gated or fenced, then the property owner will likely be held liable for their injuries. There are a number of other attractive nuisances that may be on a person’s property, such as:
- Artificial water features, such as a pond or lake;
- Farm equipment
- Holes in the ground
- Trampolines and other outdoor toys
- Abandoned automobiles
- Discarded appliances
- Construction sites
If your child is hurt on public or private property due to an attractive nuisance that has not been properly secured, you may be able to file a premises liability lawsuit against the owner or occupier of the property.
What If My Friend’s Dog Bites Me When I Am Visiting Her?
Dog bite cases are a type of premises liability claim. In Massachusetts, dog owners are considered strictly liable for injuries caused by their dog. As long as you were not trespassing, hurting someone else, or provoking the dog at the time, you can recover compensation for your injuries. Under Massachusetts law, it does matter if the dog has never acted aggressively before. If a dog hurts you, its owner can be held responsible.
Asking your friend to pay for any losses that you suffered – such as medical bills, lost wages, and emotional distress – may seem impossible. Keep in mind that you will be filing a claim against their homeowner’s or renter’s insurance policy, not them directly. Your friend pays insurance premiums to be covered in the event that something like this happens, and they won’t want you to suffer financially due to something that their dog did.
Strengthening the Case Against a Negligent Owner
We can often refer to state and local building codes, sanitary regulations, workplace safety codes, and other laws to strengthen the case for liability against a negligent owner. Below is a review from one of our previous clients, Nancy:
If you or a loved one is undergoing any type of situation in which a property owner’s negligence towards their duty of care set up hazardous conditions that ultimately lead to a fall accident or any type of personal injury claim, it’s crucial that you contact Peter Ventura, Attorney at Law, for a free consultation.
When we conduct your case evaluation we’ll be meticulously crafting your best legal strategies towards obtaining your rightful compensation for your sustained injuries suffered through unsafe property conditions, as well as all subsequent damages you’ve sustained as a result of a negligent property owner!
