Accomplished Trial Attorneys Delivering Powerful Representation

Premises Liability: We Help Defend Your Rights After An Injury

At Zisson & Jacobs LLP, we understand the physical, emotional and financial toll an unexpected injury can take on you and your family. If you’ve been injured on someone else’s property in the Boston metro area or anywhere in Massachusetts, our compassionate and committed team is here to help.

While we primarily handle bicycle accident cases, our personal injury attorneys also provide representation in various premises liability claims. We bring the same dedication, skill and empathy to these cases that we’re known for in our bicycle advocacy work.

What Is Premises Liability In Massachusetts?

In Massachusetts, premises liability law holds property owners responsible for maintaining a safe environment for visitors. The specifics of this responsibility depend on the visitor’s status:

  • Invitees (e.g., customers in a store): Owed the highest duty of care. Property owners must regularly inspect for hazards and either fix them or provide adequate warnings.
  • Licensees (e.g., social guests): Property owners must warn about known dangers that aren’t obvious.
  • Trespassers: Generally owed no duty except to refrain from willful, wanton or reckless conduct that might cause injury.

Property owners can be held liable if their failure to meet these obligations results in injury. However, Massachusetts follows a modified comparative negligence rule. This means that if you’re found to be more than 51% responsible for your own injury, you cannot recover damages.

Common Premises Hazards: From Slips And Falls To Negligent Security

Whether it’s a slippery floor in a supermarket or a poorly lit parking lot, our firm can handle it. Premises liability cases in Massachusetts encompass a wide range of scenarios. If you’re facing any of these situations, don’t hesitate to reach out to our premises liability lawyers for legal guidance:

  • Slips and falls: Property owners must address hazards like wet floors, icy walkways or uneven surfaces within a reasonable time.
  • Inadequate maintenance: Faulty stairs, loose railings or poor lighting can lead to injuries.
  • Snow and ice accidents: The Massachusetts “reasonable care” standard requires property owners to remove snow and ice within a reasonable time after a storm. This typically means clearing walkways, parking lots and other high-traffic areas as soon as practicable after snowfall ends.
  • Dog bites: Massachusetts has a strict liability statute for dog bites, meaning the owner is liable even if the dog has never shown aggression before.
  • Negligent security: Property owners who fail to provide adequate security measures in areas with known risks may be liable for criminal acts. This could include cases involving inadequate lighting in parking lots, lack of security personnel in high-crime areas, or faulty locks in apartment buildings leading to assaults or thefts.
  • Swimming pool accidents: Property owners must secure pools to prevent access by young children, a concept known as the attractive nuisance doctrine. This may include installing fences, locks and other safety measures to prevent unsupervised access.

Property owners in Massachusetts, whether of business or residential premises, have legal responsibilities beyond simply owning the property. They must keep their property safe, including keeping it free from hazards and debris. If they fail to meet these obligations, property owners can be held financially responsible for injuries on their property due to their negligence in maintaining safe conditions.

How We Advocate For You In A Premises Liability Case

We take a comprehensive approach to premises liability cases. We begin by investigating the circumstances of your injury and gathering evidence such as accident reports, witness statements and surveillance footage for your case. But proving fault goes beyond mere documentation.

We consider and analyze these factors to prove the property owner caused or allowed dangerous conditions to exist:

  • The condition of the property at the time of the incident
  • Whether the hazard would be obvious to a reasonable person
  • How long the hazardous condition existed
  • Whether there were warnings about the hazard

We will analyze these factors and help you establish the property owner’s negligence and show how it directly led to your injury. We understand the nuances of Massachusetts’ modified comparative negligence rule, also known as “shared fault,” and use this knowledge to maximize your potential compensation.

Negotiating Your Claim And Pursuing Legal Action As Your Premises Liability Lawyers

As experienced premises liability lawyers, we can negotiate with insurance companies to secure fair settlements for our clients. We understand their tactics and counter them effectively, fighting for compensation that covers your injuries, medical expenses, lost wages, and pain and suffering.

If negotiations don’t yield the outcome we seek, we’re prepared to take your case to trial. As experienced litigators, we will present a compelling case in court, backed by solid evidence and eyewitness testimony when necessary.

Whether dealing with insurance companies or representing you in court, we’ll manage all aspects of your case and keep you informed throughout the process as your premises liability lawyers.

Injured On Someone Else’s Property? Set Up A Free Meeting With Our Firm.

When the unexpected happens due to a property owner’s negligence, you need an experienced and empathetic advocate on your side. To set up a free initial meeting, call 617-444-9626 or email us. At Zisson & Jacobs LLP, we do not charge legal fees until we recover compensation for you. Contact us today to protect your rights. We also handle claims involving defective products and car accidents.